Upload
others
View
3
Download
0
Embed Size (px)
Citation preview
ILC.106/III/1B
International Labour Conference, 106th Session, 2017
General Survey on the occupational safety and health instruments concerning the promotional framework, construction, mines and agriculture
Occupational Safety and Health Convention (No. 187), and Recommendation (No. 197), 2006;
Safety and Health in Construction Convention, 1988 (No. 167), and Recommendation (No. 175),
1988; Safety and Health in Mines Convention (No. 176), and Recommendation (No. 183), 1995;
Safety and Health in Agriculture Convention (No. 184), and Recommendation (No. 192), 2001
Third item on the agenda:
Information and reports on the application
of Conventions and Recommendations
Report of the Committee of Experts on the Application of Conventions and Recommendations (articles 19, 22, 23 and 35 of the Constitution)
Report III (Part 1B)
International Labour Office, Geneva
Working together to promote a safe and
healthy working environment
INTERNATIONAL LABOUR OFFICE GENEVA
ISBN 978-92-2-130561-3 (print)
ISBN 978-92-2-130562-0 (Web pdf)
ISSN 0074-6681
First edition 2017
The designations employed in ILO publications, which are in conformity with United Nations practice, and the
presentation of material therein do not imply the expression of any opinion whatsoever on the part of the
International Labour Office concerning the legal status of any country, area or territory or of its authorities, or
concerning the delimitation of its frontiers.
Reference to names of firms and commercial products and processes does not imply their endorsement by the
International Labour Office, and any failure to mention a particular firm, commercial product or process is not a
sign of disapproval.
ILO publications and digital products can be obtained through major booksellers and digital distribution
platforms, or ordered directly from [email protected]. For more information, visit our website:
www.ilo.org/publns or contact [email protected].
Formatted by TTE: CONFREP-ILC106(2017)-III(1B)-[NORME-161221-1]-En.docx
Printed by the International Labour Office, Geneva, Switzerland
ILC.106/III/1B v
Summary
Introduction
Chapter I. Objectives and content of the instruments
Chapter II. Policy and legal framework
Chapter III. Cooperation, responsibilities, duties and rights of employers and workers
Chapter IV. Developing a national safety and health culture, assessing occupational risks and specific preventive and protective measures
Chapter V. Measures taken to ensure compliance with national laws and regulations on occupational safety and health
Chapter VI. Achieving the potential of the instruments
The way forward and concluding remarks: Building on common commitments
Appendices
ILC.106/III/1B vii
Contents
Page
Summary .......................................................................................................................... v
Introduction .................................................................................................................... 1
1. Background and scope of the General Survey ........................................................... 1
2. Context ...................................................................................................................... 2
Construction ............................................................................................................... 2
Mining ........................................................................................................................ 4
Agriculture .................................................................................................................. 5
3. Safety and health at the heart of the ILO’s mandate ................................................... 7
General Survey of 2009 ............................................................................................. 7
4. Ratifications ............................................................................................................... 8
5. Outline ....................................................................................................................... 8
Chapter I. Objectives and content of the instruments .............................................. 11
1. The Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) ..................................................................... 12
Rationale of Convention No. 187 and Recommendation No. 197 ............................... 12
Overview of the content of Convention No. 187 and Recommendation No. 197......... 13
Consultation on OSH ................................................................................................. 14
System of defined rights, responsibilities and duties .................................................. 14
Cooperation at the level of the undertaking to promote safety and health .................. 14
Prevention .................................................................................................................. 15
ILO instruments linked to the promotional framework ................................................. 15
2. The sectoral Conventions........................................................................................... 16
The Safety and Health in Construction Convention, 1988 (No. 167) ........................... 16 Rationale of Convention No. 167 and Recommendation No. 175 ...................... 16 Overview of the content of Convention No. 167
and Recommendation No. 175 ......................................................................... 17 Scope of application .......................................................................................... 17 Consultations on OSH in construction ............................................................... 18 System of defined rights, responsibilities and duties ......................................... 18
Working together to promote a safe and healthy working environment
viii ILC.106/III/1B
Page
Cooperation to promote safety and health at construction sites ........................ 19 Prevention in the construction sector ................................................................ 19 Other ILO instruments related to safety and health in construction ................... 20
The Safety and Health in Mines Convention, 1995 (No. 176) ..................................... 20 Rationale of Convention No. 176 and Recommendation No. 183 ...................... 20 Overview of the content of Convention No. 176
and Recommendation No. 183 ......................................................................... 21 Scope of application .......................................................................................... 21 Consultation on OSH in mining ......................................................................... 21 System of defined rights, responsibilities and duties ......................................... 22 Cooperation to promote safety and health in mines .......................................... 23 Prevention in mining ......................................................................................... 23 Other ILO instruments related to safety and health in mines ............................. 24
The Safety and Health in Agriculture Convention, 2001 (No. 184) ............................. 25 Rationale of Convention No. 184 and Recommendation No. 192 ...................... 25 Overview of the content of Convention No. 184
and Recommendation No. 192 ......................................................................... 25 Scope of application .......................................................................................... 26 Consultation on OSH in the agricultural sector .................................................. 26 System of defined rights, responsibilities and duties ......................................... 27 Cooperation to promote safety and health at the level
of the undertaking in agriculture ........................................................................ 29 Prevention in the agricultural sector .................................................................. 29 Other ILO instruments related to OSH in agriculture ......................................... 30
3. ILO codes of practice and guidelines ......................................................................... 30
Chapter II. Policy and legal framework ....................................................................... 33
1. National policies on occupational safety and health ................................................... 33
National policy process: Formulation and periodic review of
national policies, in consultation with the social partners ............................................ 34 National policy on OSH in mining ...................................................................... 38 National policy on OSH in agriculture ................................................................ 39 The construction sector ..................................................................................... 41
2. National system for OSH ............................................................................................ 42
OSH legislative framework and other components ..................................................... 44 General considerations ..................................................................................... 44 Technical standards .......................................................................................... 45 Collective agreements ...................................................................................... 46
Authorities responsible for OSH ................................................................................. 47
Consultations on the development and periodic review of a national OSH system ..... 48
3. National programmes on OSH ................................................................................... 50
Formulating, launching and implementing the national OSH programme ................... 51 National OSH profile ......................................................................................... 53
Contents
ILC.106/III/1B ix
Page
4. The key importance of data on occupational injuries and diseases for the development of national OSH policies, systems and programmes ....................... 53
Sustainable Development Goal Indicators .................................................................. 55
Collection, analysis and exchange of data in practice ................................................ 55 Difficulties in the collection, analysis and exchange of data,
and measures to overcome these difficulties..................................................... 56 Construction, mining and agriculture ................................................................. 57
Mechanisms for the collection of data on occupational injuries and diseases ............. 58 Recording and notification ................................................................................. 59 Collaboration with insurance or social security schemes ................................... 62
Chapter III. Cooperation, responsibilities, duties and rights of employers and workers ......................................................................... 65
1. Cooperation at the level of the undertaking between management and workers and their representatives on safety and health matters .......................... 65
Methods to facilitate cooperation, including the establishment
and functioning of OSH committees ........................................................................... 66 Construction...................................................................................................... 70 Mining ............................................................................................................... 72 Agriculture ........................................................................................................ 73
2. Employers’ duties and responsibilities with respect to OSH ....................................... 74
Construction ............................................................................................................... 74
Mining ........................................................................................................................ 76
Agriculture .................................................................................................................. 80
Employers’ obligations in situations of danger to the safety and health of workers ..... 82
Two or more employers undertaking activities at one work site:
Coordination and cooperation .................................................................................... 84 Construction...................................................................................................... 85 Mining ............................................................................................................... 87 Agriculture ........................................................................................................ 88
Duties of contractors and subcontractors ................................................................... 89 Construction...................................................................................................... 90 Mining ............................................................................................................... 92
3. Rights and duties of workers with respect to occupational safety and health .............. 93
Rights of workers with respect to occupational safety and health ............................... 93 Right of workers to a safe and healthy working environment ............................. 93 Right of workers to participate in measures relating to safety and health .......... 95 Right of workers to be informed on safety and health matters ........................... 99 Right of workers to remove themselves from danger ........................................ 101
Duties of workers with respect to OSH ....................................................................... 103 Duty of workers to comply with prescribed safety and health measures ............ 104 Duty of workers to report situations presenting a risk to safety and health ........ 105 Duty of workers to cooperate on safety and health matters ............................... 106
Working together to promote a safe and healthy working environment
x ILC.106/III/1B
Page
Chapter IV. Developing a national safety and health culture, assessing occupational risks and specific preventive and protective measures ........................................................................... 109
1. Developing a national safety and health culture ......................................................... 109
Raising awareness on OSH ....................................................................................... 110
OSH education and training ....................................................................................... 111 OSH education and training for workers ............................................................ 112 OSH education and training for management and supervisors ......................... 118
Information and advisory services on OSH ................................................................ 120
2. Assessment of occupational risks and hazards .......................................................... 121
Measures to promote risk assessment ....................................................................... 121 Construction...................................................................................................... 123 Mining ............................................................................................................... 124 Agriculture ........................................................................................................ 124
Measures aimed at minimizing or eliminating risks to workers ................................... 125 Construction...................................................................................................... 126 Mining ............................................................................................................... 126 Agriculture ........................................................................................................ 127 New and emerging risks.................................................................................... 128
Personal protective equipment and clothing ............................................................... 130
3. Other prevention and protection measures ................................................................ 132
Health and safety requirements related to the handling
and disposal of hazardous substances and waste ..................................................... 132
Occupational health services ..................................................................................... 135
Adequate supply of safe drinking water and adequate
welfare facilities at workplaces ................................................................................... 135 Welfare facilities ................................................................................................ 136 Supply of drinking water .................................................................................... 137
Certain OSH measures in construction, mining and agriculture .................................. 138 Design and planning of a construction project ................................................... 138 Mine rescue and emergency preparedness ...................................................... 140 Temporary and seasonal workers in agriculture ................................................ 142 Measures that take into account the special needs of women agricultural
workers in relation to pregnancy, breastfeeding and reproductive health .......... 143
Chapter V. Measures taken to ensure compliance with national laws and regulations on occupational safety and health ................................. 147
1. Labour inspection systems ......................................................................................... 147
Human and material resources .................................................................................. 148
Satisfactory coverage of workplaces liable to labour inspection ................................. 150 Availability of statistics for the planning of labour inspection activities ............... 150 Inspections focusing on the most hazardous sectors and workplaces ............... 151 Limitations and restrictions on labour inspection ............................................... 152
Contents
ILC.106/III/1B xi
Page
Labour inspection in construction ............................................................................... 153 Organization of the labour inspection services in construction .......................... 153 Obstacles to the implementation of Article 35(b)
of Convention No. 167 in practice ..................................................................... 153
Designation of a competent authority and labour inspection in mining ....................... 155 The competent authority and the organization
of inspection services in mining ........................................................................ 155 Obstacles to the application in practice of Article 5(2)
of Convention No. 176 ...................................................................................... 156
Labour inspection in agriculture ................................................................................. 157 Organization of the labour inspection services in agriculture ............................. 157 Obstacles in practice to the implementation of Article 5
of Convention No. 184 ...................................................................................... 158
Corrective measures, appropriate penalties and their application .............................. 159 Provision and application of corrective measures ............................................. 160 Importance of providing for appropriate penalties ............................................. 161 Sufficiently dissuasive penalties ........................................................................ 161 Importance of the effective enforcement penalties
for violations in the area of OSH ....................................................................... 162 Key role of labour inspection in disseminating information on safety
and health – striking a balance between advice and enforcement ..................... 163
2. Complementary measures to ensure compliance ....................................................... 164
Mechanisms for employers to achieve compliance: Risk assessments ...................... 165
Involvement of workers and trade unions in compliance ............................................ 166
Incentive schemes ..................................................................................................... 167
Private compliance initiatives ..................................................................................... 167
Chapter VI. Achieving the potential of the instruments .............................................. 169
1. Measures to give further effect to the instruments ...................................................... 169
Implementation of the instruments ............................................................................. 169
Ratification of the instruments .................................................................................... 170 Prospects for ratification.................................................................................... 170 Difficulties preventing or delaying ratification..................................................... 171 Legislative obstacles ......................................................................................... 172 Practical difficulties impeding ratification ........................................................... 173 States parties to Convention No. 62 .................................................................. 174 States parties to Convention No. 45 .................................................................. 175 Certain misconceptions about the requirements of the instruments .................. 175
2. Proposals for ILO action ............................................................................................. 178
Technical cooperation and technical assistance needs .............................................. 178 Comments from governments ........................................................................... 178 Observations from employers’ organizations ..................................................... 180 Observations from workers’ organizations ........................................................ 180
Working together to promote a safe and healthy working environment
xii ILC.106/III/1B
Page
Proposals for standards-related action ....................................................................... 181 Comments from governments ........................................................................... 182 Observations from employers’ organizations ..................................................... 183 Observations from workers’ organizations ........................................................ 184
The way forward and concluding remarks: Building on common commitments .............................................................................. 187
Common commitments concerning OSH .......................................................................... 187
Concluding remarks ......................................................................................................... 188
Appendices
I. Texts of the examined instruments ............................................................................ 191
Convention No. 187 ................................................................................................... 191
Recommendation No. 197 ......................................................................................... 196
Convention No. 167 ................................................................................................... 201
Recommendation No. 175 ......................................................................................... 212
Convention No. 176 ................................................................................................... 219
Recommendation No. 183 ......................................................................................... 226
Convention No. 184 ................................................................................................... 233
Recommendation No. 192 ......................................................................................... 240
II. Report form sent to member States and social partners ............................................ 245
III. Governments that provided reports ............................................................................ 257
IV. Workers’ and employers’ organizations that provided observations ........................... 259
V. Ratification status (Conventions Nos 167, 176, 184 and 187,) ................................... 263
ILC.106/III/1B 1
Introduction
1. Background and scope of the General Survey
1. Article 19 of the Constitution of the International Labour Organization provides that
Members shall “report to the Director-General of the International Labour Office, at
appropriate intervals as requested by the Governing Body” on the position of their law and
practice in regard to the matters dealt with in unratified Conventions and in
Recommendations. 1 On this basis, the ILO Governing Body selects each year the
Conventions and Recommendations on which Members are requested to supply reports.
These reports, as well as those submitted under articles 22 and 35 of the Constitution by
the States parties to the Conventions concerned, allow the Committee of Experts on the
Application of Conventions and Recommendations (the Committee) to establish General
Surveys on the effect given, in law and in practice, to the instruments considered.
2. At its 322nd Session (November 2014), the Governing Body decided that the 2017
General Survey of the Committee would cover certain occupational safety and health
instruments, namely, the Safety and Health in Construction Convention, 1988 (No. 167),
the Safety and Health in Mines Convention, 1995 (No. 176), and the Safety and Health in
Agriculture Convention, 2001 (No. 184), and their respective Recommendations, in the
context of the Promotional Framework for Occupational Safety and Health Convention,
2006 (No. 187), and its corresponding Recommendation. In choosing these instruments,
the Governing Body specified that the General Survey would take into account the
Committee’s conclusions from its 2009 General Survey on occupational safety and health
concerning the Occupational Safety and Health Convention, 1981 (No. 155), the
Occupational Safety and Health Recommendation, 1981 (No. 164), and the Protocol of
2002 to the Occupational Safety and Health Convention, 1981, as well as the related
discussion and conclusions of the Committee on the Application of Standards of the
International Labour Conference (ILC) at its 98th Session (2009). 2
3. During the discussion on the selection of the instruments to be covered by the
General Survey, the Employer spokesperson indicated that occupational safety and health
(OSH) was an area that deserved special attention by the ILO and its constituents. The
ILO had an important role to play and ILO standards could be an important building block
in that regard. A discussion on OSH instruments could give impetus to more cooperation
between the ILO and its constituents towards improving the OSH situation in member
1 The obligations of Members with regard to Conventions are laid down in paragraph 5(e) of article 19 of the ILO
Constitution. Paragraph 6(d) deals with Recommendations and paragraph 7(a) and (b) deals with the particular
obligations of federal States.
2 ILO: Decision on the fourth item on the agenda: Choice of Conventions and Recommendations on which reports
should be requested under article 19 of the Constitution in 2016, Governing Body, 322nd Session,
Oct–Nov. 2014, dec-GB.322/LILS/4.
Working together to promote a safe and healthy working environment
2 ILC.106/III/1B
States. 3 The Worker spokesperson indicated that, in the context of the ILO constitutional
objective to protect workers against sickness, disease and injury arising out of employment,
the situation in the construction, agriculture and mining sectors required special attention
due to their hazardous nature and the high accident and death rates in those sectors. 4
4. Following this decision, the Governing Body requested governments to submit
reports, under article 19 of the ILO Constitution, on Conventions Nos 167, 176, 184 and
187 and their accompanying Recommendations, pursuant to a report form approved at its
323rd Session (March 2015). 5 The Committee notes that 111 governments provided
reports on the position of national law and practice with respect to those OSH standards
and that 41 workers’ organizations and 17 employers’ organizations, in addition to one
bipartite national body, 6 provided information and observations regarding these
instruments. The Committee notes that, in contrast, for the previous General Survey on
Occupational Safety and Health of 2009, a higher number of governments’ reports and a
lower number of observations by workers’ and employers’ organizations were received. 7
2. Context
5. According to ILO estimates, a worker dies from a work-related accident or disease
every 15 seconds. Every day, some 6,300 workers die from occupational accidents or
work-related diseases, amounting to more than 2.3 million deaths a year. Furthermore,
over 313 million workers suffer non-fatal occupational injuries each year, or in other
words 860,000 people are injured on the job every day. In addition to the tremendous
human cost, estimates have identified the significant economic impact of inadequate
occupational safety and health: 4 per cent of total global gross domestic product is lost
annually (equivalent to US$2.8 trillion) by costs related to lost working time, interruptions
in production, treatment of occupational injuries and diseases, rehabilitation and
compensation. 8 In this respect, as described below, the situation in the construction,
mining and agricultural sectors appear particularly critical.
Construction
6. Construction is a sector associated with a high number of occupational accidents and
diseases. While work in construction represents between 5 and 10 per cent of the
workforce in industrialized countries and an increasing proportion in many developing
countries, approximately one in six fatal accidents at work occur on a construction site. 9
3 ILO: Minutes of the 322nd Session of the Governing Body of the International Labour Office, Governing Body,
322nd Session, Geneva, Oct.–Nov. 2014, GB.322/PV, para. 519.
4 ibid., para. 520.
5 ILO: Choice of Conventions and Recommendations on which reports should be requested under article 19 of the
Constitution in 2016, Governing Body, 323rd Session, Geneva, March 2015, GB.323/LILS/3. See Appendix II of
this General Survey. All 187 ILO member States were requested to submit the report.
6 The National Labour Council in Belgium.
7 A total of 123 governments sent their reports, while 28 workers’ and employers’ organizations provided
observations. See ILO: General Survey on occupational safety and health, ILC, Report III (Part 1B), 98th Session,
Geneva, 2009, paras 30–31.
8 ILO: Safety and health at work: A vision for sustainable prevention. XX World Congress on Safety and Health at
Work 2014: Global Forum for Prevention (Geneva, 2014).
9 ILO: Good practices and challenges in promoting decent work in construction and infrastructure projects, Issues
paper for discussion at the Global Dialogue Forum on Good Practices and Challenges in Promoting Decent Work
in Construction and Infrastructure Projects, ILO Sectoral Policies Department (Geneva, 2015).
Introduction
ILC.106/III/1B 3
Construction workers are exposed to a wide variety of health hazards on the job. 10 The majority of construction activity is still undertaken by local firms and the industry remains labour intensive, with frequent changes of working environment that can involve multiple locations, many different parties and high rates of staff turnover. 11 In addition, the construction sector relies on a great number of migrant workers. 12 According to recent ILO global estimates on migrant workers, in 2013, 26.7 million (17.8 per cent) workers were engaged in industry, including manufacturing and construction, while 16.7 million workers were employed in agriculture (11.1 per cent) out of a total of 150.3 million migrant workers (see figure 1.1). 13
Figure 1.1. Global distribution of migrant workers, by broad branch of economic activity, 2013 (in percentage)
Agriculture: 11.1
Industry: 17.8
Domestic workers: 7.7
Other services: 63.4
Source: ILO: Global Estimates on Migrant Workers: Results and methodology (Geneva, 2015).
10 ILO: “Health and safety hazards in the construction industry”, Part XVI – Construction, in Encyclopaedia of Occupational Health and Safety (Geneva, 4th edition, 2011). 11 ibid., and ILO: Industries and sectors: Construction sector – Sectoral Policies Department: see http://www.ilo.org/global/industries-and-sectors/construction/lang--en/index.htm [last accessed 17 Jan. 2017]. 12 ILO: Migrant work and employment in the construction sector, M. Buckley, A. Zendel, J. Biggar, L. Frederiksen and J. Wells, ILO Sectoral Policies Department, ILO Conditions of Work and Equality Department (Geneva, 2016). 13 ILO: Global Estimates on Migrant Workers: Results and methodology (Geneva, 2015), p. 9.
Working together to promote a safe and healthy working environment
4 ILC.106/III/1B
7. Each year, at least 60,000 fatal accidents occur on construction sites around the
world, 14 and improved OSH is essential to addressing the major decent work deficits
related to accidents and diseases in construction. 15
Mining
8. In many countries, the mining sector accounts for a disproportionate number of fatal
accidents at work, and mining remains the most hazardous occupation when the number
of people involved is taken into account. 16 Recent major mining accidents have received
considerable global focus and drawn attention to the significant risks faced by workers in
the sector. Mining disasters in the past decade include: the Pasta de Conchos Mine disaster
in Mexico in 2006 (which resulted in the death of 65 workers); the 2007 Shandong coal
mine flood in China (which resulted in the death of 181 workers); the 2010 Upper Big
Branch Mine disaster in West Virginia, United States (which resulted in the death of
29 workers); the 2010 Copiapó mining accident in Chile; the 2010 Pike River Mine
disaster, in New Zealand (which resulted in the death of 29 workers); and the 2014 Soma
Mine disaster, in Turkey (which resulted in the death of 301 workers). These accidents
took place in coalmining, and historically underground coalmining has been one of the
highest risk economic activities for workers. 17 In addition to unforeseen and sudden
events that could result in significant disasters (including outbursts of gas, inundations,
explosions, and falls of the mine roof, face and sides), workers in mining face a number
of physical and airborne hazards, 18 and are affected by such occupational diseases as
pneumoconiosis, hearing loss and the effects of vibration. 19 Artisanal and small-scale
mining presents a particular challenge, as it is often carried out illegally or outside the
scope of national or local supervision. Nearly 13 million workers worldwide are engaged
in artisanal and small-scale mining, facing risks such as exposure to mercury and other
chemicals, inadequate space and poor ventilation, as well as serious injury or death
resulting from explosions, falling rocks or poor equipment. 20
14 ILO: Good practices and challenges in promoting decent work in construction and infrastructure projects, Issues
paper for discussion at the Global Dialogue Forum on Good Practices and Challenges in Promoting Decent Work
in Construction and Infrastructure Projects, ILO Sectoral Policies Department (Geneva, 2015).
15 ILO: Global Dialogue Forum on Good Practices and Challenges in Promoting Decent Work in Construction
and Infrastructure Projects (Geneva, 19–20 November 2015), points of consensus, para. 5.
16 ILO: Mining: A hazardous work: Hazardous work resource list, LABADMIN/OSH, 2015: see
http://www.ilo.org/safework/areasofwork/hazardous-work/WCMS_356567/lang--en/index.htm [last accessed
17 Jan. 2017].
17 ILO: Code of practice on safety and health in underground coalmines, Sectoral Activities Programme (Geneva,
2006).
18 ILO: “Part XI Industries Based on Natural Resources: Health hazards of Mining and Quarrying”, Encyclopaedia
of Occupational Health and Safety, (Geneva, 4th edition, 2011).
19 ILO: Mining: A hazardous work: Hazardous work resource list, LABADMIN/OSH, 2015: see
http://www.ilo.org/safework/areasofwork/hazardous-work/WCMS_356567/lang--en/index.htm [last accessed
17 Jan. 2017].
20 ILO: Facts on Small-Scale Mining, ILO Fact sheet, 2003: see http://www.ilo.org/wcmsp5/groups/public/---
dgreports/---dcomm/documents/publication/wcms_067582.pdf [last accessed 17 Jan. 2017].
Introduction
ILC.106/III/1B 5
Agriculture
9. Nearly one third of the world’s workforce, over a billion people, are employed in the
agricultural sector. 21 Although the share of the agricultural sector in global employment
is continuing to fall, the sector remains a large source of employment, particularly in
developing countries. 22 While employment in agriculture has globally decreased, the
percentage of female employment in agriculture has grown over the last years. According
to FAO estimates, the share of employment in agriculture in 2014 amounted to 30.7 per
cent, compared to 35.3 per cent in 1990. However, the share of women employed in
agriculture increased from 9.2 per cent in 1990 to 25.2 per cent, in 2014 (see table 1.1). 23
Table 1.1. Employment share in agriculture, female
World 1990 2000 2014
Population, total (mln) 5 320.8 6 127.7 7 243.8
Population, rural (mln) 3 033.0 3 263.4 3 362.5
Employment in agriculture (%) 35.3 38.0 30.7
Employment in agriculture, female (%) 9.2 20.3 25.2
Source: FAO: Statistical Pocketbook 2015: World food and agriculture (Rome, 2015).
10. Furthermore, according to ILO estimates of child labour, more than half of children
aged 5 to 17 who work do so in agriculture (58.6 per cent), in contrast to the 7.2 per cent
in industry and 32.3 per cent in services, including domestic work (see figure 1.2). 24
21 ILO: Decent and productive work in agriculture, Decent work in the rural economy policy guidance notes
(Geneva, 2015).
22 The share of the agricultural sector in total employment has fallen from 45 per cent to 34 per cent over the past
two decades, according to ILO employment trends.
23 FAO: Statistical Pocketbook 2015: World food and agriculture (Rome, 2015), p. 48.
24 ILO: Marking progress against child labour – Global estimates and trends of child labour 2000-2012,
International Programme on the Elimination of Child Labour (IPEC) (Geneva, 2013).
Working together to promote a safe and healthy working environment
6 ILC.106/III/1B
Figure 1.2. Sectoral distribution of children in child labour, 2012 (5–17 years)
0 10 20 30 40 50 60 7
Not defined
Industry
Domestic work
Agriculture
Services
Source: ILO: Marking progress against child labour – Global estimates and trends of child labour 2000-2012, International Programme on the Elimination of Child Labour (IPEC) (Geneva, 2013).
11. In addition, according to ILO estimates, informal employment constitutes 82.1 per cent of total rural employment, and 98.6 per cent of agricultural employment, in rural areas. In contrast, in urban areas only 24.5 per cent of employees are in informal employment. 25
A sample of 42 developing countries over the period 2001 to 2008 showed that an average of 38 per cent of agricultural workers are own-account workers, while 24 per cent are contributing family workers (see table 1.2). Own-account workers and contributing family workers are often informally employed. 26
Table 1.2. Own-account workers and contributing family workers in agriculture (in percentage)
Employees Employers Own-account workers
Members of producers’ cooperatives
Contributing family workers
Not classifiable
Global 30 6 38 0.52 24 2
South-East Asia 12 22 35 0 28 4
Europe and Central Asia 26 2 53 0.36 19 0
Latin America and the Caribbean 40 7 34 1 17 2
Middle East and North Africa 25 7 30 0.26 38 0
South Asia 4 1 50 0.60 45 1
Sub-Saharan Africa 44 3 23 0 24 7 Source: ILO and UNCTAD: Shared Harvests: Agriculture, Trade and Employment (Geneva, 2013).
25 ILO: Global employment trends 2013: Recovering from a second jobs dip (Geneva, 2013), p. 60. 26 ILO and UNCTAD: Shared Harvests: Agriculture, Trade and Employment (Geneva, 2013), p. 38.
0
Introduction
ILC.106/III/1B 7
12. Agricultural enterprises can take a wide range of forms, from small-scale and labour-
intensive farming to large-scale highly mechanized enterprises. 27 Workers in the
agricultural sector face numerous risk factors at work, including the use of machinery,
such as tractors and harvesters, the lifting of heavy weights, and work that exposes them
to musculoskeletal disorders and to pesticides and other agrochemicals. ILO reports
indicate that up to 170,000 agricultural workers die at work each year, accounting for
approximately half of all fatal occupational accidents. 28
3. Safety and health at the heart of the ILO’s mandate
13. The protection of the safety and health of workers has been a key task of the ILO
since its inception in 1919. The Preamble to the ILO Constitution specifically provides
that “the protection of the worker against sickness, disease and injury arising out of his
employment” is a fundamental element of social justice. The obligation of the
Organization to promote safe working conditions was reaffirmed in the 1944 Declaration
of Philadelphia, and the 2008 Declaration on Social Justice for a Fair Globalization
recognizes healthy and safe working conditions as a key element of the Decent Work
Agenda.
14. Global recognition has continued to grow that OSH is an important component of
sustainable development, and the 2030 Agenda for Sustainable Development, adopted in
2015, turns the spotlight on OSH. The Sustainable Development Goal (SDG) 8 of the 2030
Agenda is the promotion of sustained, inclusive and sustainable economic growth, full and
productive employment and decent work for all. This SDG affirms that decent work is key
to achieving sustainable development and that safe and secure working conditions are a
fundamental part of decent work. It includes target 8.8 on protecting labour rights and
promoting safe and secure working environments for all workers, including migrant
workers, in particular women migrants, and those in precarious employment. 29
General Survey of 2009
15. In light of the Governing Body’s decision, the present General Survey builds on the
content of the last General Survey on OSH (of 2009) and its conclusions, and the related
discussions and conclusions of the Committee on the Application of Standards, which
have served as a starting point for the Committee’s work and are referenced frequently in
the present General Survey.
16. The conclusions of the 2009 General Survey emphasized that the implementation of
preventive and protective measures at the workplace is a continuous process that requires
not only technical knowledge and skills adapted to the scale and specific activities of
undertakings, but also a preventive safety and health culture.
17. The 2009 General Survey recognized that Convention No. 155, its 2002 Protocol and
Recommendation No. 164 continue to be of considerable relevance and are key references
in the development and strengthening of many national OSH systems, and that many
27 ILO: Code of practice on safety and health in agriculture, Sectoral Activities Programme (Geneva, 2011).
28 ILO: Safety in numbers: Pointers for a global safety culture at work (Geneva, 2003). 29 The 2030 Agenda also highlights the importance of health generally. SDG 3 relates to ensuring healthy lives and
promoting well-being for all at all ages, with target 3.9 aiming to substantially reduce the number of deaths and
illnesses from hazardous chemicals, and air, water and soil pollution and contamination.
Working together to promote a safe and healthy working environment
8 ILC.106/III/1B
member States are making increasing efforts to give effect to the provisions of these
instruments.
18. The conclusions of the Committee on the Application of Standards in 2009,
following its discussion of the General Survey, recall that OSH remains a subject of
fundamental importance for all parties. They emphasize that OSH is of crucial importance
for the quality of work and human dignity, and that investment in workplace safety is a
key factor in productivity and competitiveness. Tripartite constituents have an important
role to play in promoting a preventative safety and health culture, which requires concerted
action at the national and enterprise levels. 30 The conclusions call for an action plan on
OSH, which was subsequently adopted by the Governing Body at its 307th Session (March
2010). Following these conclusions, Convention No. 155, its 2002 Protocol and
Convention No. 187 were identified by the Governing Body in 2010 as the “key” OSH
instruments, the promotion and implementation of which should be supported. 31
4. Ratifications 32
19. Seventy-five member States have ratified at least one of the four Conventions
examined in this General Survey. 33 Convention No. 187 has been ratified by 41 member
States since its adoption in 2006. 34 Convention No. 167 (adopted in 1988) has been
ratified by 30 member States, Convention No. 176 (adopted in 1995) by 31 member States
and Convention No. 184 (adopted in 2001) by 16 member States. Of the member States
that have ratified Convention No. 187, 22 have also ratified at least one of the sectoral
Conventions reviewed in this General Survey. Thirty-four member States have ratified at
least one of the sectoral OSH instruments without ratifying Convention No. 187. Only
three member States (Finland, Slovakia and Sweden) have ratified all four of the
Conventions covered by the present General Survey. 35
5. Outline
20. Following an overview of the historical background and objectives of the selected
instruments (Chapter I), the General Survey examines national OSH policies, systems and
programmes and the key role of data in this regard (Chapter II), and the role of cooperation
in developing and applying OSH measures and the specific responsibilities, duties and
rights of employers and workers (Chapter III). Chapter IV covers the development of a
national safety and health culture and specific prevention and protection measures, while
Chapter V examines measures to achieve compliance with national laws and regulations
on OSH. Chapter VI covers the impact of the instruments and possible future standards-
related action. The General Survey explores these topics in general terms, as well as the
specific situations in the construction, mining and agriculture sectors. While most of the
30 ILO: Conference Committee on the Application of Standards: Extracts from the Record of Proceedings, ILC,
98th Session, Geneva, 2009, para. 208
31 ILO: Improvements in the standards-related activities of the ILO: A progress report¸ Governing Body,
307th Session, Geneva, March 2010, GB.307/LILS/3(Rev.), point 2.2 of Appendix I; and ILO: Reports of the
Committee on Legal Issues and International Labour Standards, Governing Body, 307th Session, Geneva, March
2010, GB.307/10/2(Rev.), paras 1–33.
32 As of 17 January 2017.
33 Chapter VI of this General Survey will examine the obstacles to ratification of these Conventions that may help
explain the low number of ratifications.
34 The majority of which have also ratified Convention No. 155. 26 countries which have ratified Convention
No. 187 have also ratified Convention No. 155 (as of January 2017).
35 See Appendix V on ratification information.
Introduction
ILC.106/III/1B 9
Survey examines the instruments in a cross-cutting manner, focusing on common issues
and themes, Chapter I examines each Convention (and its accompanying
Recommendation) individually.
ILC.106/III/1B 11
Chapter I. Objectives and content
of the instruments
21. This General Survey has the particularity of examining three sectoral Conventions
(Conventions Nos 167, 176 and 184) and their accompanying Recommendations in the
context of a framework Convention (Convention No. 187) and its accompanying
Recommendation. While the framework Convention evidently differs from the sectoral
instruments in its nature and objectives, all of the instruments under examination are based
on essential common principles. In particular, the eight instruments are all based on an
approach to OSH centred around social dialogue between governments and employers’
and workers’ organizations, with an emphasis on the development of a preventative safety
and health culture. The instruments also underline the importance of cooperation at the
workplace between workers and employers on OSH issues and that the establishment of a
system of defined rights, duties and responsibilities is essential to the creation of a safe
and healthy working environment.
22. The importance of consultation by governments with workers’ and employers’
organizations on OSH in general, and on specific issues, is at the heart of the eight
instruments examined and is analysed throughout the General Survey. Conventions
Nos 176, 184 and 187 call for consultation on the formulation, implementation and
periodic review of a national policy on OSH, 1 and Convention No. 167 provides that the
most representative organizations of employers and workers concerned shall be consulted
on the measures to be taken to give effect to that Convention. 2 Convention No. 187 further
emphasizes the importance of consultation in the development of both a national OSH
system and a national OSH programme. 3
23. Another essential principle of the OSH instruments is the prioritization of prevention.
The 2009 General Survey details the development and importance of a policy-based
approach focused on prevention, which it identifies as the central organizing theme of
Convention No. 155 and Recommendation No. 164. 4 Convention No. 187 further
emphasizes the importance of developing a national preventative safety and health culture
and accords the highest priority to the principle of prevention. 5 The aim of preventing
accidents and injury to health, and the adoption of specific measures to that end, is also
crucial to each of the sectoral instruments. 6 Key preventative measures are examined in
greater detail in Chapter IV of the General Survey, including risk assessment, the need to
1 Article 3(3) of Convention No. 187; Article 3 of Convention No. 176; and Article 4 of Convention No. 184.
2 Article 3 of Convention No. 167.
3 Articles 4 and 5 of Convention No. 187.
4 ILO: General Survey on occupational safety and health, 2009, paras 4–15.
5 Article 1(d) of Convention No. 187.
6 Article 28 of Convention No. 167; Convention No. 176, Preamble; and Article 13 of Convention No. 184.
Working together to promote a safe and healthy working environment
12 ILC.106/III/1B
take OSH into account at the design stage, and in the development and dissemination of
information, and in respect of education and training.
24. A national preventative safety and health culture requires the active participation of
governments, employers and workers in securing a safe and healthy working environment
through a system of defined rights, responsibilities and duties. 7 This principle is reflected
in each of the sectoral instruments under examination, which delineate the specific roles
of the government and the social partners in the respective sectors. This is further
examined in Chapter III of the General Survey.
25. Arrangements to promote cooperation on OSH at the level of the undertaking
between management, workers and their representatives are identified in Convention
No. 187 as one of the four indispensable components of the national OSH system. The
sectoral instruments under examination also emphasize the importance of cooperation
between employers and workers in the promotion of OSH, 8 with two of the sectoral
Conventions outlining specific measures that can be taken to encourage such
cooperation. 9
26. To set the stage for a cross-cutting examination of the standards selected for the
General Survey, this Chapter begins with an analysis of Convention No. 187 and its
accompanying Recommendation, focusing on their foundational principles, and then
examines each of the sectoral instruments, together with an overview of related ILO
instruments, followed by ILO codes of practice.
1. The Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187)
Box 1.1 Ratifications of Convention No. 187
Convention No. 187 was adopted in 2006 and entered into force in 2009. The 41 countries that have ratified the Convention are: Albania, Argentina, Austria, Bosnia and Herzegovina, Burkina Faso, Canada, Chile, Côte d’Ivoire, Cuba, Cyprus, Czech Republic, Denmark, Dominican Republic, Finland, France, Germany, Indonesia, Iraq, Japan, Kazakhstan, Republic of Korea, Malaysia, Mauritius, Republic of Moldova, Montenegro, Niger, Norway, Russian Federation, Serbia, Singapore, Slovakia, Slovenia, Spain, Sweden, Thailand, the former Yugoslav Republic of Macedonia, Togo, Turkey, United Kingdom, Viet Nam and Zambia.
Rationale of Convention No. 187
and Recommendation No. 197
27. In 2003, the ILC held a discussion on the standards-related activities of the ILO in
the area of OSH, with a view to enhancing the coherence, relevance and impact of ILO
7 Article 1(d) of Convention No. 187.
8 Article 16 of Convention No. 167; Article 15 of Convention No. 176; and Article 8 of Convention No. 184.
9 Paragraph 6 of Recommendation No. 175; Paragraph 31 of Recommendation No. 183.
Objectives and content of the instruments
ILC.106/III/1B 13
activities. 10 The discussion resulted in the adoption of a Global Strategy on OSH, 11 which
called for a new instrument establishing a promotional framework to ensure that OSH is
prioritized and to foster political commitments to develop, in a tripartite context, national
strategies for the improvement of OSH based on a preventative safety and health culture
and a management systems approach. 12
28. The ILC then held a first discussion in 2005 on the promotional framework for OSH.
The preparatory report for the discussion outlined several concepts to be taken into account
in the design of a new instrument, and particularly that it should be simple and easy to
ratify, and contribute to the promotion of the application of up-to-date OSH instruments,
while avoiding duplication with those standards. 13 It was considered that, while there was
political commitment to tackle OSH problems, efforts to do so were often dispersed and
fragmented, and as a result did not have the level of coherence necessary to have impact.
It was underlined that higher priority needed to be given to OSH at the international,
national and enterprise levels and to engage all social partners in initiating and sustaining
mechanisms for the continued improvement of national OSH systems. Following the
second discussion, the Promotional Framework for Occupational Safety and Health
Convention (No. 187) and its accompanying Recommendation (No. 197), were adopted
by the ILC at its 95th Session in 2006.
29. The development of these instruments represents a continuation of the preventative
approach to OSH, with the aim of ensuring that priority is given to OSH on national
agendas. A key goal of the Convention is to help member States ratify and implement
other ILO instruments. 14 During the discussions, emphasis was also placed on developing
a flexible instrument that would be imminently ratifiable. In this regard, the Employer
spokesperson expressed the hope during the Convention’s adoption that it could achieve
over 100 ratifications in five years, and that its speedy ratification and implementation
would save lives. 15 However, the Committee notes that only 41 ratifications have been
registered so far.
Overview of the content of Convention No. 187
and Recommendation No. 197
30. Convention No. 187 is based on two key aims: the development of a preventative
safety and health culture and the application of a systems approach to managing OSH at
the national level. The Convention incorporates these basic principles into the three
foundational concepts of the instrument: (i) a national policy; (ii) a national system; and
(iii) a national programme on OSH. 16 The Convention requires member States to promote
the continuous improvement of OSH to prevent occupational injuries, diseases and deaths,
10 ILO: ILO standards-related activities in the area of occupational safety and health: An in-depth study for
discussion with a view to the elaboration of a plan of action for such activities, Report VI, ILC, 91st Session,
Geneva, 2003, para. 3.
11 ILO: Global strategy on occupational safety and health: Conclusions adopted by the International Labour
Conference, ILC, 91st Session, Geneva, 2003, para. 6.
12 ibid.
13 ILO: Promotional framework for occupational safety and health, Report IV(1), ILC, 93rd Session, Geneva, 2005,
para. 85.
14 ILO: Provisional Record No. 23, Report of the Committee on Safety and Health: Submission, Discussion and
Approval, ILC, 95th Session, Geneva, 2006, p. 23/5.
15 ibid., pp. 23/3–4.
16 Article 2 of Convention No. 187.
Working together to promote a safe and healthy working environment
14 ILC.106/III/1B
through the development of these three mechanisms, in consultation with the most
representative organizations of employers and workers. The Convention is organized
simply around the concepts of OSH policy, system and programme, outlining the
constitutive elements and important functions of each.
Consultation on OSH
31. Dialogue with workers’ and employers’ organizations is at the heart of the
Convention, requiring consultations with the social partners on the development and
implementation of the instrument’s three foundational concepts. The national policy on
OSH shall be formulated in consultation with the most representative organizations of
employers and workers, and its implementing infrastructure, the national system, shall also
be established, maintained, progressively developed and periodically reviewed in
consultation with such organizations. 17 The formulation, implementation, monitoring,
evaluation and periodic review of the national programme on OSH must also be
undertaken in consultation with the social partners, 18 and the Convention requires
consultations on the periodic consideration of possible measures to ratify the ILO’s
relevant OSH Conventions. 19
System of defined rights,
responsibilities and duties
32. The Convention identifies the delineation of the roles of government, employers and
workers as a key aspect for the achievement of a safe and healthy working environment.
It provides that a national preventative safety and health culture requires governments,
employers and workers to participate actively in securing a safe and healthy working
environment through a system of defined rights, responsibilities and duties.
Cooperation at the level of the undertaking
to promote safety and health
33. While the three key concepts outlined in Convention No. 187 refer to action at the
national level, the Convention also underlines the importance of cooperation at the
workplace on OSH. In particular, it identifies arrangements to promote, at the level of the
undertaking, cooperation between management, workers and their representatives as an
essential element of workplace-related prevention measures. Such measures are one of the
four required elements of a national OSH system. Recommendation No. 197 further
provides that Members should facilitate cooperation between employers and workers and
their respective organizations with a view to eliminating or minimizing work-related
hazards and risks. Members should promote, at a workplace level, the establishment of
safety and health policies and joint safety and health committees and the designation of
workers’ OSH representatives, in accordance with national law and practice. 20
17 Articles 3(3) and 4(1) of Convention No. 187.
18 ibid., Article 5(1). Consultations on national systems and programmes could be extended to other interested
parties, pursuant to Paragraphs 2(b) and 9 of Recommendation No. 197.
19 Article 2(3) of Convention No. 187.
20 Paragraph 5(f) of Recommendation No. 197.
Objectives and content of the instruments
ILC.106/III/1B 15
Prevention
34. The principle of preventative action lies at the heart of Convention No. 187 and
Recommendation No. 197, and the continuous improvement of OSH to prevent
occupational injuries, diseases and deaths is one of their key objectives. 21 The
development of a national preventative safety and health culture must be promoted
through the national OSH policy and fostering such a culture is an important function of
the national programme. Recommendation No. 197 outlines specific measures that should
be taken to this end, including the active promotion of workplace prevention measures. 22
ILO instruments linked to the
promotional framework 23
35. Convention No. 187 outlines a coherent approach to OSH and aims to increase the
impact of existing up-to-date OSH instruments. 24 Convention No. 187 outlines the steps
to be taken towards achieving, progressively, a safe and healthy working environment by
taking into account the principles set out in relevant OSH instruments, 25 and calls on
member States to periodically consider what measures could be taken to ratify such
Conventions, in consultation with the most representative organizations of employers and
workers. 26
36. The instruments relevant to the promotional framework for OSH are listed in the
Annex to Recommendation No. 197, and include 17 Conventions, one Protocol and
21 Recommendations. This Annex may be revised by the ILO Governing Body. 27 The
majority of these instruments focus primarily on OSH, but the Annex also includes labour
inspection instruments, 28 and Recommendations concerning employment injury
benefits, 29 welfare facilities and workers’ housing. 30 Recommendation No. 197
specifically provides that the ILO should promote the implementation of these instruments,
and in the case of Conventions, their ratification. 31
21 Article 2(1) of Convention No. 187.
22 Paragraphs 5 and 10 of Recommendation No. 197.
23 The ILO instruments examined in this Survey are also linked to regional instruments and initiatives. The most
significant legal act of the European Union with respect to occupational safety and health is the European
Framework Directive (1989/391/EEC), adopted in 1989, which establishes minimum standards and must be
transposed into national legislation by EU Member States. Another regional initiative on occupational safety and
health is the Andean Occupational Safety and Health Instrument (adopted through Decision 584 of the Andean
Council of Ministers of Foreign Affairs, 7 May 2004) and its implementing regulations.
24 ILO: Promotional framework for occupational safety and health, Report IV(1), ILC, 93rd Session, Geneva, 2005,
para. 85.
25 Article 2(2) of Convention No. 187.
26 ibid., Article 2(3).
27 Paragraph 16 of Recommendation No. 197.
28 The Labour Inspection Convention, 1947 (No. 81); the Labour Inspection Recommendation, 1947 (No. 81); the
Labour Inspection (Mining and Transport) Recommendation, 1947 (No. 82); the Labour Inspection (Agriculture)
Convention, 1969 (No. 129); and the Labour Inspection (Agriculture) Recommendation, 1969 (No. 133).
29 The Employment Injury Benefits Recommendation, 1964 (No. 121).
30 The Welfare Facilities Recommendation, 1956 (No. 102); and the Workers’ Housing Recommendation, 1961
(No. 115).
31 Paragraph 15(a)(iii) of Recommendation No. 197.
Working together to promote a safe and healthy working environment
16 ILC.106/III/1B
37. Convention No. 187 and Convention No. 155 are closely linked and, as outlined by
the Committee in its 2009 General Survey, Convention No. 187 complements Convention
No. 155 and its 2002 Protocol. 32 The implementation of a policy focused on prevention,
as defined in Convention No. 155, constitutes a blueprint for the application of a systems
approach to OSH. 33 Convention No. 155 establishes the foundation for a preventative
approach, and Convention No. 187 refers specifically to Convention No. 155 in both its
preamble and with respect to national OSH policies. In particular, Convention No. 155
defines the concept of national policy and recognizes the importance of its formulation,
implementation and review. Convention No. 187 builds on this concept, re-emphasizing
that the policy is a key mechanism for the promotion of a safe and healthy working
environment and underlining the importance of having a framework (national system) for
the implementation of such a policy.
2. The sectoral Conventions
The Safety and Health in Construction
Convention, 1988 (No. 167)
Box 1.2 Ratifications of Convention No. 167
Convention No. 167 was adopted in 1988, and revised the earlier Safety Provisions (Building) Convention, 1937 (No. 62). It came into force in 1991 and has since been ratified by the following 30 countries: Albania, Algeria, Belarus, Belgium, Plurinational State of Bolivia, Brazil, China, Colombia, Czech Republic, Denmark, Dominican Republic, Finland, Gabon, Germany, Guatemala, Hungary, Iraq, Italy, Kazakhstan, Lesotho, Luxembourg, Mexico, Montenegro, Norway, Panama, Serbia, Slovakia, Sweden, Turkey and Uruguay.
Rationale of Convention No. 167 and Recommendation No. 175
38. The special safety and health problems facing workers in the construction industry
have been of concern to the ILO from its earliest days. 34 Specific instruments on the
subject were adopted in 1937: the Safety Provisions (Building) Convention, 1937 (No. 62),
the Safety Provisions (Building) Recommendation, 1937 (No. 53), and the Co-operation
in Accident Prevention (Building) Recommendation, 1937 (No. 55).
39. Almost 50 years later, in 1985, a Meeting of Experts on Safety and Health in
Construction concluded that it was necessary to revise Convention No. 62. The increasing
concern for improved safety and health standards for all those engaged in the industry, the
apparent omission of significant areas of the industry and processes from the scope of the
Convention, as well as the need to deal not only with safety, but also occupational health,
led the experts to the conclusion that a new instrument was needed. This new instrument
would have taken into account the effect of new technologies, recognized the importance
of occupational training, education and qualifications, strengthened employers’
32 ILO: General Survey on occupational safety and health, 2009, p. xii.
33 ibid., para. 15.
34 ILO: Provisional Record No. 23, Report of the Committee on Safety and Health in Construction, ILC,
73rd Session, Geneva, 1987, para. 6.
Objectives and content of the instruments
ILC.106/III/1B 17
responsibilities and clarified responsibilities on multi-contractor sites. 35 Accordingly,
Convention No. 167 was developed to reflect the considerable changes in the nature and
scale of operations in the construction industry. 36
40. The Conference discussion leading to the adoption of Convention No. 167
highlighted the role of the construction industry as a major employer in all member States
and the particular risks faced by this labour-intensive industry. 37 The preparatory work
underlined the wide range of activities encompassed by construction and examined its
specific safety and health problems, including: (a) accidents involving falls by persons and
objects; (b) accidents caused by the collapse of excavations and earthworks; (c) injuries
stemming from the operation of vehicles and lifting appliances; (d) special hazards
associated with demolition; and (e) risks related to the exposure of workers to respirable
dusts, such as asbestos and silica, and physical factors, such as noise and vibration.
41. The preparatory work also highlighted the special characteristics of the industry, and
particularly: the high proportion of small firms; the variety and transient nature of
worksites; the use of competitive bidding in awarding contracts; the rate of labour turnover;
the number of seasonal and migrant labourers engaged in the industry; and the diversity
of trades and occupations involved, which contribute to the use of subcontracting. 38
42. Safety and health in construction was identified as being relevant to every member
State and, while the particular risks vary, the construction industry was assessed as having
a very high accident rate in all countries, resulting in needless loss of life and serious injury.
Overview of the content of Convention No. 167 and Recommendation No. 175
43. Convention No. 167 sets out both essential general standards for OSH in construction
and detailed prevention and protection measures. It defines the role of governments in that
respect, as well the responsibilities of all those involved in a construction project.
Scope of application
44. The Convention applies to all construction activities, from the preparation of the site
to the completion of the project, including any process, operation or transport on a
construction site, 39 and is not limited to construction activities of a certain scale. The
Convention defines construction as covering: building, including excavation, and the
construction, structural alteration, renovation, repair, maintenance and demolition of all
types of buildings or structures; civil engineering; and the erection and dismantling of
prefabricated buildings and structures, as well as the manufacturing of prefabricated
elements on the construction site. 40 The Convention also applies to such self-employed
persons as may be specified by national laws or regulations, 41 meaning that the
application of the Convention to this category is subject to a determination at the national
35 ILO: Report of the Meeting of Experts on Safety and Health in Construction, Governing Body, 231st Session,
Geneva, Nov. 1985, GB.231/6/4.
36 ILO: Safety and health in construction, Report V(1), ILC, 73rd Session, Geneva, 1987, p. 3.
37 ILO: Provisional Record No. 23, Report of the Committee on Safety and Health in Construction, ILC,
73rd Session, Geneva, 1987, p. 23/1.
38 ILO: Safety and health in construction, Report V(1), ILC, 73rd Session, Geneva, 1987.
39 Article 1(1) of Convention No. 167.
40 ibid., Article 2(a).
41 ibid., Article 1(3).
Working together to promote a safe and healthy working environment
18 ILC.106/III/1B
level. Particular branches of economic activity, or particular undertakings in respect of
which special problems of a substantial nature arise, may be excluded from the application
of the Convention after consultation with the most representative organizations of
employers and workers concerned, on condition that a safe and healthy working
environment is maintained in excluded branches and undertakings. 42
Consultations on OSH in construction
45. Convention No. 167 calls for a series of measures to be taken to ensure that
workplaces in construction are safe, and it requires at the outset that the most
representative organizations of employers and workers concerned be consulted on the
measures giving effect to the provisions of the Convention. 43
System of defined rights, responsibilities and duties
Role of governments in safety and health in construction
46. Convention No. 167 establishes obligations for governments to regulate and monitor
issues related to OSH in construction. Such measures must include the adoption of laws
and regulations, 44 as well as all necessary measures to ensure their effective enforcement,
including the provision of appropriate inspection services and of appropriate penalties and
corrective measures. 45
Duties and responsibilities of employers
in safety and health in construction
47. Employers, who under Convention No. 167 may include the principal contractor, the
contractor or the subcontractor, as the context requires, 46 have a duty to comply with the
prescribed safety and health measures, in addition to specific obligations related to:
stopping operations and evacuating workers where there is an imminent danger to the
safety of workers; preventing and combating fires; the provision and maintenance of
personal protective equipment without cost to the workers; and ensuring the availability
of first aid at all times, 47 including in situations where two or more employers are
undertaking activities simultaneously at one construction site. 48 These obligations are
examined in Chapter III of the General Survey.
Rights and duties of workers related to safety
and health in the construction sector
48. Under Convention No. 167, workers have a duty to: cooperate with their employer
in the application of safety and health measures; take reasonable care with respect to their
safety and health and that of others; comply with the prescribed safety and health measures;
and report any situation which they believe could present a risk that they cannot properly
42 ibid., Article 1(2).
43 ibid., Article 3.
44 ibid., Article 4.
45 ibid., Article 35.
46 ibid., Article 2(e)(ii).
47 ibid., Articles 7–8, 12(2) and 29–31.
48 ibid., Article 8.
Objectives and content of the instruments
ILC.106/III/1B 19
deal with themselves. 49 They are also required to make proper use of and take good care
of the personal protective equipment and protective clothing provided. 50
49. Workers also have the right and duty to express their views on the working
procedures adopted which affect safety and health and to participate in ensuring safe
working conditions to the extent of their control over equipment and methods of work. 51
Workers shall be informed of potential safety and health hazards to which they may be
exposed, and instructed and trained on measures for the prevention of, and protection
against, such hazards. 52 In situations where workers have a good reason to believe that
there is an imminent and serious danger to their safety or health, workers have the right to
remove themselves from the danger and the duty so to inform their supervisor
immediately. 53
Cooperation to promote safety and health at construction sites
50. The Convention requires that measures be taken to ensure that there is cooperation
between employers and workers to promote safety and health at construction sites. 54
Recommendation No. 175 indicates that measures to ensure that there is organized
cooperation should be prescribed by national laws or regulations or the competent
authority, and provides guidance on the arrangements to be established. 55
Prevention in the construction sector
51. Convention No. 167 provides that laws or regulations which ensure the application
of the Convention are to be adopted and maintained on the basis of an assessment of the
safety and health hazards involved, 56 and with due regard to the relevant standards
adopted by recognized international organizations in the field of standardization. 57 The
Convention outlines important prevention measures relating to training and instructions
for workers, 58 and measures to be taken at the design and planning stage of construction
sites. 59
52. Moreover, with respect to the prioritization of prevention, Convention No. 167 calls
for appropriate preventive measures to be taken in situations where a worker may be
exposed to chemical, physical or biological hazards, and particularly the replacement of
hazardous substances by harmless or less hazardous substances, wherever possible, or the
adoption of technical measures for plant, machinery, equipment or process. 60
49 ibid., Article 11.
50 ibid., Article 30(4).
51 ibid., Article 10.
52 ibid., Article 33.
53 ibid., Article 12. In this regard, see also box 3.15 and paragraph 294 of this General Survey.
54 ibid., Article 6.
55 Paragraph 6 of Recommendation No. 175.
56 Article 4 of Convention No. 167.
57 ibid., Article 5(2).
58 ibid., Articles 17(2) and 33.
59 ibid., Articles 9, 16(1)(a) and 17(1)(a).
60 ibid., Article 28.
Working together to promote a safe and healthy working environment
20 ILC.106/III/1B
53. With respect to health hazards, Recommendation No. 175 recommends the
establishment of an information system, using the results of international scientific
research, to provide information for architects, contractors, employers and workers’
representatives on the health risks associated with hazardous substances used in the
construction industry. It calls for the provision of product information on health risks by
manufacturers and distributers of construction products, with attention being paid to
informing and training workers on the safety and health implications of new products and
equipment. 61
Other ILO instruments related to safety and health in construction
54. The preamble to Convention No. 167 recalls that risks in the construction sector may
also be addressed through ILO standards on protection from specific hazards, including
asbestos and radiation. Workers in the construction sector may be at risk of occupational
exposure to asbestos, particularly those working in demolition, the disposal of
contaminated debris and renovation. The Asbestos Convention, 1986 (No. 162), applies
to all activities involving the exposure of workers to asbestos in the course of work,
including construction. 62 With respect to exposure to radiation, Recommendation No. 175
contains guidance on the protection of workers engaged in the maintenance, renovation,
demolition or dismantling of any buildings in which there is a risk of exposure to ionizing
radiations, in particular in the nuclear power industry, 63 and it refers in this regard in its
preamble to the Radiation Protection Convention, 1960 (No. 115), and its accompanying
Recommendation. Other international labour standards particularly relevant to safety and
health in the sector include those on protection against specific risks, including the
Occupational Cancer Convention, 1974 (No. 139), and the Working Environment (Air
Pollution, Noise and Vibration) Convention, 1977 (No. 148).
The Safety and Health in Mines
Convention, 1995 (No. 176)
Box 1.3 Ratifications of Convention No. 176
Convention No. 176 was adopted in 1995 and came into force in 1998. The 31 countries that have ratified the Convention are: Albania, Armenia, Austria, Belgium, Bosnia and Herzegovina, Botswana, Brazil, Czech Republic, Finland, Germany, Ireland, Lebanon, Luxembourg, Mongolia, Morocco, Norway, Peru, Philippines, Poland, Portugal, Russian Federation, Slovakia, South Africa, Spain, Sweden, Turkey, Ukraine, United States, Uruguay, Zambia and Zimbabwe.
Rationale of Convention No. 176 and Recommendation No. 183
55. The preparatory work for Convention No. 176 identified three key reasons for its
development. Firstly, existing ILO standards on mining 64 were no longer considered to
61 Paragraphs 41 and 44 of Recommendation No. 175.
62 Article 1(1) of Convention No. 162.
63 Paragraph 48 of Recommendation No. 175.
64 The Underground Work (Women) Convention, 1935 (No. 45); the Hours of Work (Coal Mines) Convention
(Revised), 1935 (No. 46); the Labour Inspection (Mining and Transport) Recommendation, 1947 (No. 82); the
Minimum Age (Underground Work) Convention, 1965 (No. 123); the Minimum Age (Underground Work)
Objectives and content of the instruments
ILC.106/III/1B 21
be fully applicable to hazards in the sector due, among other reasons, to the significant
technological changes. Up-to-date standards addressing these deficiencies would be
valuable to constituents, including sector-specific regulatory authorities. 65
56. Second, work in the mining industry was considered one of the most dangerous
occupations in view of the adverse effects on health of exposure to multiple hazards in
mines. While mining represented a diverse industry (from small-scale mining to large
operations), mines of all sizes remained complex working environments where unforeseen
and sudden changes could lead to incidents resulting in a heavy loss of life. Mineworkers
faced additional risks due to exposure to environmental hazards, such as dusts of silica,
coal, asbestos and respirable combustible dusts, and factors including high noise levels,
excessive vibration and heat or cold. 66
57. Finally, the adoption of specific instruments on mining would mark the recognition
of the considerable economic importance of the sector in both developed and developing
countries. 67 All these factors led to the demand for updated standards, resulting in the
adoption of Convention No. 176 and Recommendation No. 183 in 1995.
Overview of the content of Convention No. 176 and Recommendation No. 183
58. Convention No. 176 sets out that safety and health must be a priority in the design,
expansion, operation and upkeep of mines and their equipment, and establishes the roles
of governments, employers and workers in that respect.
Scope of application
59. Convention No. 176 applies to all mines, although ratifying States may exclude
certain categories of mines from the application of the Convention (or from certain of its
provisions) after consultations with the most representative organizations of employers
and workers concerned, provided that the overall protection at such mines is not inferior
to the protection that would result from the full application of the Convention. 68
Recommendation No. 183 makes specific reference to measures to assist small mines. 69
Consultation on OSH in mining
60. Convention No. 176 provides that the most representative organizations of
employers and workers concerned shall be consulted in the formulation and periodic
review of the national OSH policy in mining, and particularly regarding the measures to
give effect to the provisions of the Convention. 70 Recommendation No. 183 indicates that
such consultations should include the effect of the length of working hours, night work
and shift work on workers’ safety and health. 71
Recommendation, 1965 (No. 124); and the Conditions of Employment of Young Persons (Underground Work)
Recommendation, 1965 (No. 125).
65 ILO: Safety and health in mines, Report V(1), ILC, 81st Session, Geneva, 1994, p. 1.
66 ibid.
67 ibid.
68 Article 2 of Convention No. 176.
69 Paragraph 5(b) of Recommendation No. 183.
70 Article 3 of Convention No. 176.
71 Paragraph 3(2) of Recommendation No. 183.
Working together to promote a safe and healthy working environment
22 ILC.106/III/1B
System of defined rights, responsibilities and duties
Role of governments in OSH in mining
61. Under Convention No. 176, governments have the responsibility to formulate and
implement a coherent policy on safety and health in mines, after consultations with the
social partners, and to periodically review that policy. 72 Governments are also responsible
for taking measures to ensure the application of the Convention through the adoption of
national laws and regulations, supplemented where appropriate by other means consistent
with national practice, 73 and the Convention outlines the subjects that must be covered by
legislation. 74
62. Governments are also required to: take measures to ensure the effective enforcement
of the provisions of the Convention; provide appropriate inspection services; and designate
a competent authority to monitor and regulate safety and health in mines, with the power
to suspend or restrict mining activities on safety and health grounds. 75 Recommendation
No. 183 adds that the competent authority should have qualified and trained staff and
sufficient technical and professional support, and that measures should be taken to
encourage the competent authority to provide specific assistance to small mines. 76
Duties and responsibilities of employers
in OSH in the mining sector
63. The Convention provides that employers must take the necessary measures to
eliminate or minimize the safety and health risks in mines, 77 and outlines the detailed
responsibilities of employers related to mine safety, including in situations where two or
more employers undertake activities at the same mine. These obligations are examined in
Chapter III.
Rights and duties of workers related
to OSH in the mining sector
64. Convention No. 176 provides that workers in mines have the duty to: comply with
prescribed safety and health measures and cooperate to permit compliance by employers
with their OSH duties; 78 take reasonable care for their own safety and health and that of
others; 79 and report forthwith any situation which they believe could present a safety and
health risk with which they cannot properly deal themselves. 80
65. The preamble to Convention No. 176 recalls that workers have a need for, and a right
to, information, training and genuine consultation on and participation in the preparation
and implementation of safety and health measures concerning the hazards and risks they
face in the mining industry. Accordingly, under the Convention, workers have the right to:
report accidents, dangerous occurrences and hazards; request and obtain inspections and
72 Article 3 of Convention No. 176.
73 ibid., Article 4.
74 ibid., Article 5(2).
75 ibid., Articles 5(1), (2)(e) and 16.
76 Paragraphs 4 and 5(b) of Recommendation No. 183.
77 Articles 6 and 7 of Convention No. 176.
78 ibid., Article 14(a) and (d).
79 ibid., Article 14(b).
80 ibid., Article 14(c).
Objectives and content of the instruments
ILC.106/III/1B 23
investigations; be informed of workplace hazards that may affect their safety or health and
obtain relevant information; and remove themselves from any location at the mine when
circumstances arise which appear, with reasonable justification, to pose a serious danger
to their safety or health. 81
66. In contrast to Convention No. 167 and Convention No. 184, Convention No. 176
provides workers with the right to collectively select safety and health representatives. 82
The rights of such representatives, as defined in this Convention, are examined in Chapter
III. It must be ensured that the rights of workers and their representatives can be exercised
without discrimination or retaliation. 83 Recommendation No. 183 provides additional
guidance on: the information that workers and their representatives should receive or have
access to; 84 the rights of safety and health representatives; 85 and the content of legislative
provisions relating to the right of workers to remove themselves from danger. 86
Cooperation to promote safety and health in mines
67. The Convention requires that measures be taken to encourage cooperation between
employers and workers and their representatives to promote safety and health in mines, 87
and Recommendation No. 183 provides guidance on the cooperative mechanisms that
should be established. 88
Prevention in mining
68. The preamble to Convention No. 176 underlines the importance of preventing any
fatalities, injuries or ill health affecting workers arising from mining operations.
Recommendation No. 183 further guides that the competent authority should provide
specific assistance to small mines with a view to establishing preventive safety and health
programmes. 89
69. The Convention outlines prevention measures, including the provision of training
and retraining for workers, 90 and measures to be taken at the design stage. 91
Recommendation No. 183 provides guidance relating to prescribing obligations of
suppliers of equipment, appliances, hazardous products and substances to mines. 92 With
a view to keeping abreast of scientific developments, the Recommendation adds that
81 ibid., Article 13(1)(a)–(e). With reference to the right to removal, see also box 3.15 and paragraph 294 of this
General Survey.
82 ibid., Article 13(1)(f).
83 ibid., Article 13(4).
84 Paragraph 26 of Recommendation No. 183.
85 ibid., Paragraph 28.
86 ibid., Paragraph 27. With reference to the right to removal, see also box 3.15 and paragraph 294 of this General
Survey.
87 Article 15 of Convention No. 176.
88 Paragraph 31 of Recommendation No. 183.
89 Paragraph 5(b)(ii) of Recommendation No. 183.
90 Article 10(a) of Convention No. 176.
91 Article 7(a) of Convention No. 176.
92 Paragraph 7 of Recommendation No. 183.
Working together to promote a safe and healthy working environment
24 ILC.106/III/1B
measures should be taken to promote research into, and exchange of information on, safety
and health in mines at the national and international levels. 93
70. Where workers are exposed to physical, chemical or biological hazards, employers
must inform them of those hazards and the health risks involved, and take appropriate
measures to eliminate or minimize the risks resulting from exposure to the hazards. 94
Recommendation No. 183 provides additional guidance on undertaking hazard
assessments and risk analyses in order to develop and implement systems to manage
risks, 95 and outlines the types of risks to which workers could be exposed. 96 The
Convention requires employers to ensure the assessment and regular inspection of the
working environment to identify the hazards to which workers may be exposed. 97 The
Convention also establishes that employers shall assess risks, and it outlines the order of
priority for dealing with such risks: eliminating the risk; controlling the risk at source; and
minimizing the risk by means that include the design of safe work systems. 98
Other ILO instruments related to safety and health in mines
71. International labour standards particularly relevant to safety and health in the mining
sector include instruments on protection against specific risks, especially the Radiation
Protection Convention, 1960 (No. 115), the Occupational Cancer Convention, 1974
(No. 139), the Working Environment (Air Pollution, Noise and Vibration) Convention,
1977 (No. 148), the Asbestos Convention, 1986 (No. 162), the Chemicals Convention,
1990 (No. 170), and their accompanying Recommendations. 99
93 ibid., Paragraph 5(a).
94 Article 9(a) and (b) of Convention No. 176.
95 Paragraph 12 of Recommendation No. 183.
96 ibid., Paragraph 20.
97 Article 7(e) of Convention No. 176.
98 ibid., Article 6.
99 Prior to the adoption of Convention No. 176, several ILO instruments had been adopted on underground work
and mining. These instruments, including the Underground Work (Women) Convention, 1935 (No. 45), the Labour
Inspection (Mining and Transport) Recommendation, 1947 (No. 82), the Minimum Age (Underground Work)
Convention, 1965 (No. 123), the Medical Examination of Young Persons (Underground Work) Convention, 1965
(No. 124), and the Conditions of Employment of Young Persons (Underground Work) Recommendation, 1965
(No. 125), were examined by the Working Party on Policy regarding the Revision of Standards (ILO: Working
Party on Policy regarding the Revision of Standards – Follow-up to the recommendation of the Working Party,
Governing Body, 283rd Session, Geneva, 2002 GB.283/LILS/WP/PRS/1/2). Some of these instruments will be
reviewed by the Tripartite Working Group of the Standards Review Mechanism (ILO: The Standards Initiative:
Report of the first meeting of the Standards Review Mechanism Tripartite Working Group: Report of the Officers,
in accordance with paragraph 17 of the terms of reference of the Standards Review Mechanism Tripartite Working
Group, Governing Body, 326th Session, Mar. 2016, GB.326/LILS/3/2).
Objectives and content of the instruments
ILC.106/III/1B 25
The Safety and Health in Agriculture
Convention, 2001 (No. 184)
Box 1.4 Ratifications of Convention No. 184
Convention No. 184 was adopted in 2001 and came into force in 2003. It has been ratified by 16 countries: Argentina, Belgium, Bosnia and Herzegovina, Burkina Faso, Fiji, Finland, Ghana, Kyrgyzstan, Luxembourg, Republic of Moldova, Portugal, Sao Tome and Principe, Slovakia, Sweden, Ukraine and Uruguay.
Rationale of Convention No. 184 and Recommendation No. 192
72. The preparatory work for Convention No. 184 emphasized the large proportion of
the global labour force employed in the agricultural sector (50 per cent of the workforce
at the time of its adoption), as well as its particularly hazardous nature. In several countries,
the fatal accident rate in agriculture was double the overall average. 100 As most
agricultural work took place in the open air, weather conditions contributed to difficult
working conditions, in addition to risks linked to the increasing use of machinery and
pesticides and other agrochemicals. 101
73. The unique nature of the agricultural sector, with its particular complexities, was also
cited as a key reason for the development of new instruments. The sector comprises
numerous types of labour relations and different forms of labour force participation, with
activities taking place in a rural environment, where there is often no clear-cut distinction
between working and living conditions. 102 The preparatory work underlined the
heterogeneity of the agricultural sector, with differing rates of productivity, ranging from
large to small-scale producers, and from highly mechanized agriculture to traditional
methods, with significant variety remaining between developed and developing
countries. 103 The sector covered not only farming, but also many associated activities,
such as crop processing and packaging, irrigation, pest management, grain storage, animal
husbandry, construction and domestic tasks. 104 In light of this range, a recurrent theme
during the discussions on the instruments was the importance of a flexible instrument that
reflected the diversity in the sector. 105 Despite the central role played by agriculture in
national economies and the specific risks faced by workers in the sector, which led to the
adoption in 2001 of Convention No. 184 and Recommendation No. 192, the Committee
notes that only 16 countries have ratified the Convention.
Overview of the content of Convention No. 184 and Recommendation No. 192
74. Convention No. 184 is the most recent of the sectoral OSH instruments. It aims to
provide agricultural workers with protections similar to other sectors. In order to reflect
100 ILO: Safety and health in agriculture, Report VI(1), ILC, 88th Session, Geneva, 2000, p. 3.
101 ibid., pp. 3–4.
102 ibid., p. 4.
103 ibid., pp. 3–4.
104 ibid.
105 ILO: Provisional Record No. 21, Report of the Committee on Safety and Health in Agriculture: Submission,
Discussion and Adoption, ILC, 89th Session, Geneva, 2001, pp. 21/2–3 and 21/5. It should be noted that some
members of the Conference Committee did not find the instrument to be particularly flexible (p. 21/6).
Working together to promote a safe and healthy working environment
26 ILC.106/III/1B
the diversity of the sector, the Convention permits the progressive extension of its
coverage.
Scope of application
75. Convention No. 184 applies to agriculture, defined as agricultural and forestry
activities carried out in agricultural undertakings, including crop production, forestry
activities, animal husbandry and insect raising, the primary processing of agricultural and
animal products, and any process, storage, operation or transportation in an agricultural
undertaking directly related to agricultural production. 106 The Convention specifically
excludes from the meaning of the term “agriculture”: subsistence farming; industrial
processes that use agricultural products as raw material and the related services; and the
industrial exploitation of forests. 107
76. The Convention contains a flexibility clause, permitting ratifying States, after
consultations with the representative organizations of employers and workers concerned,
to exclude certain agricultural undertakings or limited categories of workers from the
application of the Convention or some of its provisions, when special problems of a
substantial nature arise. 108 Member States have to list any such exclusions in the first
report submitted on the application of the Convention, and must make plans to cover
progressively all undertakings and all categories of workers. 109
77. Recommendation No. 192 provides that member States should make plans to
progressively extend the protection of the Convention to self-employed farmers, as
appropriate, taking into consideration the views of representative organizations of such
farmers. 110 Measures in this regard should include: the progressive extension of
appropriate occupational health services for self-employed farmers; the progressive
development of procedures for including self-employed farmers in the recording and
notification of occupational accidents and diseases; the development of guidelines,
educational programmes and materials and appropriate advice and training for self-
employed farmers; and the progressive coverage of those farmers and their families by an
insurance or social security scheme against fatal and non-fatal occupational injuries and
diseases. 111
Consultation on OSH in the agricultural sector
78. Convention No. 184 provides that the representative organizations of employers and
workers shall be consulted before the formulation, implementation and periodic review of
a coherent national policy on occupational safety and health in agriculture. 112 In this
regard, Recommendation No. 192 provides that consultations should be undertaken by the
106 Article 1 of Convention No. 184.
107 ibid., Article 2.
108 ibid., Article 3(1).
109 ibid., Article 3(1)–(2).
110 Paragraph 12 of Recommendation No. 192. Paragraph 15 of the Recommendation provides that: “In giving
effect to the above measures concerning self-employed farmers, account should be taken of the special situation of:
(a) small tenants and sharecroppers; (b) small owner–operators; (c) persons participating in agricultural collective
enterprises, such as members of farmers’ cooperatives; (d) members of the family as defined in accordance with
national law and practice; (e) subsistence farmers; and (f) other self-employed workers in agriculture, according to
national law and practice.”
111 ibid., Paragraphs 13–14.
112 Article 4(1) of Convention No. 184.
Objectives and content of the instruments
ILC.106/III/1B 27
competent authority implementing the policy, with a view to identifying problems,
establishing priorities and developing methods for dealing with them. 113 Convention
No. 184 further requires consultation in several other specific areas, including: the
establishment of safety and health requirements for the handling and transport of materials
in agriculture; 114 requirements related to the provision of adequate welfare facilities and
minimum accommodation standards for agricultural workers; 115 and the types of
agricultural work or employment considered to be hazardous for the purposes of the
employment of young persons. 116
System of defined rights, responsibilities and duties
Role of governments in OSH in agriculture
79. The first key task for governments, following consultations, is the formulation,
implementation and periodic review of a coherent national policy on safety and health in
agriculture. 117 National laws and regulations have to designate the competent authority
responsible for the implementation of the policy and for the enforcement of OSH laws and
regulations. 118 Recommendation No. 192 provides that the competent authority
designated to implement the national policy should, after consultations: identify major
problems, establish priorities for action, develop methods for dealing with the problems
and periodically evaluate the results; prescribe measures for the prevention and control of
occupational hazards in agriculture; and prepare guidelines for workers and employers. 119
The Recommendation adds that, in implementing the national policy, the competent
authority should adopt provisions for the progressive extension of appropriate
occupational health services for workers in agriculture; establish procedures for the
recording and notification of occupational accidents and diseases in agriculture; and
promote safety and health in agriculture through educational programmes and
materials. 120 Convention No. 184 requires the adoption of national laws and regulations
specifying the rights and duties of employers and workers, 121 and adds that, in providing
for the obligations of employers, the competent authority shall take into account the size
of the undertaking and the nature of its activity. 122
80. Governments are also required to ensure that there is a system of inspection for
agricultural workplaces, which is provided with adequate means. 123 National laws and
regulations must also establish mechanisms for inter-sectoral coordination among relevant
authorities and bodies for the agricultural sector. 124 Convention No. 184 also states that
the competent authority shall provide for corrective measures and appropriate penalties,
113 Paragraph 3(1) of Recommendation No. 192.
114 Article 11 of Convention No. 184.
115 ibid., Article 19.
116 ibid., Article 16.
117 ibid., Article 4(1).
118 ibid., Article 4(2)(a).
119 Paragraph 3(1) of Recommendation No. 192.
120 ibid., Paragraph 3(2).
121 Article 4(2)(b) of Convention No. 184.
122 ibid., Article 7.
123 ibid., Article 5(1).
124 ibid., Article 4(2)(c).
Working together to promote a safe and healthy working environment
28 ILC.106/III/1B
including the suspension or restriction of those agricultural activities which pose an
imminent risk to the safety and health of workers, until the conditions giving rise to the
suspension or restriction have been corrected, where appropriate. 125 The competent
authority should also establish a national system for OSH surveillance, covering both
workers’ health and the working environment, which should include risk assessments and
preventive and control measures. 126
Duties and responsibilities of employers in
safety and health in the agricultural sector
81. Under Convention No. 184, the employer has a duty to ensure the safety and health
of workers in every aspect related to their work. 127 From this general duty flows specific
responsibilities that are further examined in Chapter III, including obligations where two
or more employers undertake activities at the same agricultural workplace. 128 The
Convention specifically provides that employers’ duties related, among others, to carrying
out risk assessments and the provision of training and instructions to workers, shall be
prescribed taking into account the size of the undertaking and the nature of its activity. 129
Rights and duties of workers related
to OSH in the agricultural sector
82. Convention No. 184 provides that workers in the agricultural sector and their
representatives have a duty to comply with the prescribed safety and health measures. 130
The Convention also provides that workers in agriculture shall have the right: to be
informed and consulted on safety and health matters; to participate in the application and
review of safety and health measures; and to select safety and health representatives and
representatives in safety and health committees in accordance with national law and
practice. 131 Workers also have the right to remove themselves from danger resulting from
their work activity when they have reasonable justification to believe there is an imminent
and serious risk to their safety and health and so inform their supervisor immediately. 132
83. The Convention further provides that workers in agriculture shall be covered by an
insurance or social security scheme against occupational injuries and diseases, as well as
against invalidity and other work-related health risks, and that coverage must at least be
equivalent to that enjoyed by workers in other sectors. 133 The hours of work, night work
and rest periods for workers in the sector shall be in accordance with national laws and
regulations or collective agreements. 134
125 ibid., Article 4(3).
126 Paragraph 4 of Recommendation No. 192.
127 Article 6(1) of Convention No. 184.
128ibid., Article 6(2).
129 ibid., Article 7.
130 ibid., Article 8(2).
131 ibid., Article 8(1)(a) and (b).
132 ibid., Article 8(1)(c). With reference to the right to removal, see also box 3.15 and paragraph 294 of this General
Survey.
133 ibid., Article 21.
134 ibid., Article 20.
Objectives and content of the instruments
ILC.106/III/1B 29
Cooperation to promote safety and health at the level of the undertaking in agriculture
84. With respect to cooperation at the level of the undertaking, Convention No. 184
provides that workers in agriculture and their representatives shall have the duty to
cooperate with employers in order for the latter to comply with their own duties and
responsibilities. 135 It further outlines that workers have the right to be informed and
consulted on safety and health matters, including risks from new technologies. 136
Prevention in the agricultural sector
85. Convention No. 184 provides that the national policy on safety and health in
agriculture shall have the aim of preventing occupational accidents and injury to health,
by eliminating, minimizing or controlling hazards in the agricultural working
environment. 137
86. Under the Convention, national laws and regulations, or the competent authority,
shall provide that employers carry out appropriate risk assessments in relation to the safety
and health of workers. On the basis of such assessments, employers have to adopt
preventive and protective measures to ensure that agricultural activities, workplaces,
machinery, equipment, chemicals, tools and processes under their control are safe and
comply with prescribed safety and health standards. 138 Recommendation No. 192 adds
that measures at the level of the undertaking should include risk assessment and
management measures, such as prioritizing the elimination of the risk, followed by
controlling the risk at the source and subsequently minimizing it. The latter may be done
through the design of safe work systems, the introduction of technical and organizational
measures and safe practices, and training. The competent authority should also prescribe
measures for the prevention and control of occupational hazards in agriculture. These
should take account of technological progress and knowledge in the field of safety and
health, as well as relevant standards, guidelines and codes of practice adopted by
recognized national or international organizations 139 and specify the steps to be taken to
prevent or control the risk of work-related endemic diseases for workers in agriculture. 140
87. Recommendation No. 192 also refers to the development of preventive programmes
at the level of the undertaking, emphasizing the contribution of procedures for the
recording and notification of occupational accidents and diseases in that regard. Safety
and health measures at that level should also include measures to ensure that the
technology used is adapted to the climate, work organization and working practices, 141
and measures should be taken to ensure the appropriate selection or adaptation of
technology, machinery and equipment, including personal protective equipment, taking
into account local conditions in user countries and, in particular, ergonomic implications
and the effect of climate. 142 The Convention and the Recommendation further outline
135 ibid., Article 8(2).
136 ibid., Article 8(1)(a).
137 ibid., Article 4.
138 ibid., Article 7(a).
139 Paragraph 3(1)(b)(i) of Recommendation No. 192.
140 ibid., Paragraph 3(1)(b)(iii).
141 ibid., Paragraph 5(f).
142 ibid., Paragraph 6.
Working together to promote a safe and healthy working environment
30 ILC.106/III/1B
important prevention measures related to adequate and appropriate training and
educational programmes. 143
Other ILO instruments related to OSH in agriculture
88. Recommendation No. 192 provides that certain instruments should be taken into
account in giving effect to Convention No. 184. These instruments are noted in the
preamble to the Convention. 144 These include the Labour Inspection (Agriculture)
Convention, 1969 (No. 129) and its accompanying Recommendation (No. 133), to ensure
an appropriate system for inspection; 145 the principles of the Chemicals Convention, 1990
(No. 170), and Recommendation, 1990 (No. 177), and other relevant international
technical standards with respect to the sound management of chemicals. 146 The
Recommendation states that multinational enterprises should provide adequate safety and
health protection for their workers in agriculture in all their establishments, without
discrimination and regardless of the place or country in which they are situated, in
accordance with the Tripartite Declaration of Principles concerning Multinational
Enterprises and Social Policy. 147
89. Convention No. 184 mirrors the provisions of the Minimum Age Convention, 1973
(No. 138), and the Worst Forms of Child Labour Convention, 1999 (No. 182), in providing
that the minimum age for assignment to hazardous agricultural work shall not be less than
18. 148 Lastly, both Convention No. 184 and Recommendation No. 192 have been
recognized as relevant instruments to facilitate the transition from the informal to the
formal economy, and are cited in the Annex to the Transition from the Informal to the
Formal Economy Recommendation, 2015 (No. 204).
3. ILO codes of practice and guidelines
90. ILO codes of practice, adopted by the ILO Governing Body, provide practical
guidance on OSH in a number of areas. They are technical standards which provide advice
on the management and control of hazards and risks associated with a particular sector or
activity. The following codes of practice are valuable tools containing detailed information
on safety and health measures for the sectors examined in this General Survey: the Code
of practice on safety and health in construction; 149 the Code of practice on safety and
143 Article 7(b) of Convention No. 184, and Paragraph 3(2)(c) of Recommendation No. 192.
144 In addition, the preamble to Convention No. 184 specifically notes the principles embodied in the Plantations
Convention and Recommendation, 1958, the Employment Injury Benefits Convention and Recommendation, 1964,
the Labour Inspection (Agriculture) Convention and Recommendation, 1969, and the Chemicals Convention and
Recommendation, 1990. The Committee also noted, in its 2015 General Survey on the Right of Association
(Agriculture) Convention, 1921 (No. 11), and the Rural Workers’ Organisations Convention, 1975 (No. 141), the
relevance of Convention No. 184 to those instruments. See ILO: Giving a voice to rural workers, General Survey
concerning the right of association and rural workers’ organizations instruments, Report of the Committee of
Experts on the Application of Conventions and Recommendations, Report III (Part 1B), ILC, 104th Session,
Geneva, 2015, para. 42.
145 Paragraph 1 of Recommendation No. 192.
146 ibid., Paragraph 7.
147 ibid., Paragraph 2. The Tripartite Declaration of Principles concerning Multinational Enterprises and Social
Policy is also recalled in the preamble to Convention No. 184.
148 Article 3(1) of Convention No. 138 provides that: “The minimum age for admission to any type of employment
or work which by its nature or the circumstances in which it is carried out is likely to jeopardise the health, safety
or morals of young persons shall not be less than 18 years”. See also Articles 3 and 4 of Convention No. 182.
149 ILO: Safety and health in construction: An ILO code of practice (Geneva, 1992).
Objectives and content of the instruments
ILC.106/III/1B 31
health in underground coalmines; 150 the Code of practice on safety and health in opencast
mines; 151 and the Code of practice on safety and health in agriculture. 152 In addition, the
ILO Guidelines on occupational safety and health management systems (ILO-OSH 2001)
provide detailed guidance and tools for assisting organizations, competent national
institutions, employers, workers and other social partners in establishing, implementing
and improving occupational safety and health management systems, with the aim of
reducing work-related injuries, ill health, disease, incidents and deaths. 153
150 ILO: Code of practice on safety and health in underground coalmines, Sectoral Activities Programme, (Geneva,
2006).
151 ILO: Safety and health in opencast mines: An ILO code of practice (Geneva, 1991).
152 ILO: Code of practice on safety and health in agriculture, Sectoral Activities Programme (Geneva, 2011).
153 ILO: Guidelines on occupational safety and health management systems, ILO-OSH 2001 (Geneva, 2001).
ILC.106/III/1B 33
Chapter II. Policy and legal framework
1. National policies on occupational safety and health
Box 2.1 National policy on occupational safety and health
Article 1(a) of Convention No. 187 provides that:
For the purpose of this Convention:
The term national policy refers to the national policy on occupational safety and health
and the working environment developed in accordance with the principles of Article 4 of the Occupational Safety and Health Convention, 1981 (No. 155); … 1
Articles 3(1) and 3(3) of Convention No. 187 provide that:
1. Each Member shall promote a safe and healthy working environment by formulating a national policy.
...
3. In formulating its national policy, each Member, in light of national conditions and practice and in consultation with the most representative organizations of employers and workers, shall promote basic principles such as assessing occupational risks or hazards; combating occupational risks or hazards at source; and developing a national preventative safety and health culture that includes information, consultation and training.
1 Article 4 of Convention No. 155 provides that: “Each Member shall, in the light of national conditions and practice, and in consultation with the most representative organizations of employers and workers, formulate, implement and periodically review a coherent national policy on occupational safety, occupational health and the working environment. The aim of the policy shall be to prevent accidents and injury to health arising out of, linked with or occurring in the course of work, by minimizing, so far as is reasonably practicable, the causes of hazards inherent in the working environment.”
91. Convention No. 187 requires the promotion of a safe and healthy working
environment through the formulation of a national policy on OSH in light of national
conditions and practice and in consultation with the most representative organizations of
employers and workers. During the preparatory work for Convention No. 187, it was
emphasized that Convention No. 155 constructs a comprehensive model for an OSH
policy, as outlined in Articles 4, 5, 6, 11 and 15 of that Convention, and that Convention
No. 187 could build on that model.
92. As indicated in the 2009 General Survey, the term “national policy” has a specific
dynamic meaning under both Convention No. 155 and Convention No. 187, referring to
the process of formulating, implementing and periodically reviewing the national policy. 1
Convention No. 155 specifies that the aim of the national OSH policy is to prevent
accidents and injury to health arising out of, linked with or occurring in the course of work,
by minimizing, so far as is reasonably practicable, the causes of hazards inherent in the
working environment. Convention No. 187 goes further, emphasizing that the formulation
1 ILO: General Survey on occupational safety and health, 2009, paras 54–59.
Working together to promote a safe and healthy working environment
34 ILC.106/III/1B
of a national policy shall promote several basic principles, such as: assessing occupational
risks or hazards; combating occupational risks or hazards at source; and developing a
national preventative safety and health culture.
National policy process: Formulation and
periodic review of national policies, in
consultation with the social partners
93. The importance of the national policy process has been continually emphasized by
the Committee in its examination of the application of both Convention No. 155 and
Convention No. 187, underlining that it is not only the adoption of a policy promoting a
safe and healthy working environment that is important, but also the process of its
formulation, and its subsequent implementation and periodic review.
94. It is up to each country to tailor its national policy to its needs and aspirations,
although national policies must aim to: (a) prevent occupational accidents and diseases in
the working environment; (b) continuously improve OSH conditions; and (c) actively
promote a safe and healthy working environment, the right of workers to such an
environment and a preventative safety and health culture. The 2009 General Survey
identified that, at that time, 94 countries had developed or intended to develop a national
OSH policy. 2 In this respect, the Committee notes that most governments that submitted
reports indicated that they have a national policy, 3 or that a policy is under development. 4
Only a few countries indicated that they have no national policy. 5
95. As highlighted by the Committee in 2009, a national policy can be formalized in
many different ways, depending on the national situation. 6 Neither Convention No. 155
nor Convention No. 187 prescribe any specific requirements as to the form of such a policy,
and both Conventions provide that the national policy shall take into account “national
conditions and practice”. 7 There is therefore no one-size-fits-all model for a national
OSH policy, and States have considerable latitude as to the shape that this policy takes, in
consultation with the representative organizations of employers and workers.
96. The form of national OSH policies accordingly varies considerably. Some countries
have adopted a consolidated policy document. For example, in Brazil, the Tripartite
Committee on Occupational Safety and Health (CTSST) approved the national OSH
policy, based on five principles: universality; prevention; precedence of promotion,
2 ibid., para. 63. In particular, it noted that 31 member States that had ratified Convention No. 155 were identified
by the Committee as being compliant with the national policy obligations under that Convention, and several other
countries were in the process of developing such policies. Among non-ratifying States, 25 countries reported that
they had adopted a national policy, and 20 others were in the process of developing one (para. 60).
3 For example, Albania, Argentina, Bangladesh, Barbados, Belarus, Belgium, Brazil, Bulgaria, Cambodia,
Colombia, Costa Rica, Cyprus, Czech Republic, Denmark, Dominican Republic, Ecuador, Egypt, Estonia,
Ethiopia, France, Germany, Greece, Guatemala, Hungary, India, Indonesia, Kenya, Latvia, Luxembourg, Malta,
Mauritius, Mexico, Netherlands, New Zealand, Panama, Peru, Poland, Portugal, Republic of Korea, Romania,
Russian Federation, Senegal, Singapore, South Africa, Spain, Sri Lanka, Sweden, Trinidad and Tobago, Turkey,
Turkmenistan, United Kingdom, United Republic of Tanzania, Uzbekistan, Bolivarian Republic of Venezuela and
Zimbabwe.
4 For example, Antigua and Barbuda, Chile (subsequently adopted in August 2016), Morocco, Namibia, Pakistan
(one province), Seychelles, Togo and Uganda.
5 Honduras, Iceland and Panama.
6 ILO: General Survey on occupational safety and health, 2009, para. 56.
7 Article 4(1) of Convention No. 155, and Article 3(3) of Convention No. 187.
Policy and legal framework
ILC.106/III/1B 35
protection and prevention over assistance, rehabilitation and reparation; social dialogue;
and comprehensiveness. This policy has been promulgated by the President in a decree,
which also provides that the CTSST is responsible for its periodic review. 8 Some
countries set out the requirement to adopt a policy in national legislation. For example, the
OSH legislation of the Republic of Moldova provides for the development of a national
policy on safety and health, in consultation with the social partners. 9
97. In some countries, the national policy is not a specific document, but a
comprehensive legislative framework accompanied by an ongoing tripartite process for its
review, representing a coherent policy. For example, in Kazakhstan, the Labour Code
outlines the general aims of the occupational safety and health policy and, pursuant to
these aims, 11 specific regulatory acts on OSH have been adopted to give effect to this
policy, as well as 30 additions and amendments to the national legal framework. 10 The
Committee has also noted strategies or plans that appear to lay out broad paths for the
national policy, but also contain elements of a national programme, such as specific time-
bound measures for the policy’s implementation. 11
98. The IOE highlighted in its observations the importance of the national policy process,
indicating that the continuous improvement of OSH in all sectors should be promoted by
a systems approach to OSH management, including the development of a national policy,
system and programmes, taking into consideration the provisions of Convention No. 187
and Recommendation No. 197. 12
99. A number of workers’ and employers’ organizations raised several concerns
regarding the formulation and implementation of a coherent national policy, which in
some instances was hampered by the lack of political will. For example, the Confederation
of Workers of Colombia (CTC) called for a continuous and collective process for the
elaboration of a national policy on OSH in Colombia relating to emerging occupational
safety and health needs. The Autonomous Confederation of Workers’ Unions (CASC), the
National Confederation of Dominican Workers (CNTD) and the National Confederation
of Trade Union Unity (CNUS) stressed the need to formulate a coherent and
comprehensive national policy in the Dominican Republic to implement the OSH
legislative framework. The Employers’ Confederation of the Dominican Republic
(COPARDOM) highlighted that there have not been progressive improvements in the
Dominican Republic with respect to OSH, although the National Council on Occupational
Safety and Health (CONSSO) has formulated a plan of action to integrate measures on
occupational risk prevention into public policies. The National Union of Miners,
Metalworkers and Allied Workers of the Republic of Mexico (SNTMMSSRM) indicated
that, although there is a national OSH policy in Mexico, it is poorly regulated and has
minimal follow-up, limiting its implementation. The Australian Council of Trade Unions
(ACTU) indicated that the national strategy in Australia has too few performance targets
8 Brazil – Committee of Experts on the Application of Conventions and Recommendations (CEACR), Convention
No. 155, observation, published in 2012.
9 Republic of Moldova – CEACR, Convention No. 155, direct request, published in 2016.
10 Kazakhstan – CEACR, Convention No. 155, direct request, published in 2011.
11 See section 3 in this Chapter on national programmes. For example, Belgium – CEACR, Convention No. 155,
direct request, published in 2016; Portugal – CEACR, Convention No. 155, observation, published in 2011; Spain
– CEACR, Convention No. 155, observation, published in 2011.
12 The Committee takes due note of the IOE’s request that its observations be made available online to ILO
constituents. These comments can be consulted at: http://www.ioe-
emp.org/fileadmin/ioe_documents/publications/Policy%20Areas/international_labour_standards/EN/_2016-10-
03__C-591_IOE_Comments_to_the_CEACR_General_Survey_2017_on_OSH_dated_27_July_2016.pdf.
Working together to promote a safe and healthy working environment
36 ILC.106/III/1B
and excludes certain sectors of the economy. The General Union of Workers (UGT)
emphasized that the political situation in Spain has slowed the effective implementation
of the national policy.
100. The periodic review of the national OSH policy, in consultation with the most
representative employers’ and workers’ organizations concerned, is vital for ensuring an
evaluation on which future action can be based. Several countries indicated that they are
currently undertaking a review of their national OSH policy, 13 or have recently completed
such a review. 14 Several others indicated that the policy is reviewed at specific intervals.
The Governments of Ethiopia, Kenya and Sri Lanka indicated that the national policy must
be reviewed every five years, and the Government of Peru reported that the national
occupational safety policy is reviewed every year by the National Council on Occupational
Safety and Health (CONSSAT). Emphasizing the key role of the periodic review of the
OSH policy in the promotion of safety and health, the Committee has on several occasions
requested specific information on the review undertaken and on specific modifications
made to the national policy as a result. 15
101. Numerous governments reported on the consultations undertaken during the
development of the national OSH policy. 16 For example, the Governments of Bahrain,
Brazil, Chile, Costa Rica, Croatia, Czech Republic, Kenya, Hungary, Sri Lanka, Turkey,
Uruguay and Zimbabwe indicated that consultations on the national OSH policy took place
through discussions by a tripartite body, while the Government of Senegal reported that
the national policy had been discussed and endorsed in a tripartite workshop. The
consultative process undertaken by the Government of Sri Lanka included the
establishment of sectoral working groups with representation from employers’ and
workers’ organizations from each sector. A draft policy was then developed by a tripartite
National Steering Committee on the basis of the working groups’ input, presented to the
National Labour Advisory Council for validation at a workshop with national stakeholders
and submitted to the Cabinet of Ministers for approval.
102. Certain workers’ and employers’ organizations also provided information on the
consultations undertaken. The Canadian Labour Congress (CLC) indicated that in Canada
trade unions and employers’ organizations are involved in the tripartite federal
occupational health and safety national policy discussions through the Occupational
Health and Safety Advisory Committee. The CLC further added that the national policy is
reviewed semi-annually through the Canadian Association of Administrators of Labour
Law’s standing committee on occupational safety and health, in addition to federal and
provincial/territorial consultative national policy tables on occupational health and safety.
Both the Australian Chamber of Commerce and Industry (ACCI) and the Australian
Council of Trade Unions (ACTU) indicated that the national policy in Australia is
developed by Safe Work Australia, on which workers and employers are voting members
and accordingly part of the decision-making process on all policy matters. The ACTU
noted that unions also play a role in the implementation and review of the policy. The New
Zealand Council of Trade Unions (NZCTU) indicated that it is pleased with the level of
13 For example, Greece, Hungary, India, Iraq, South Africa and Sri Lanka.
14 For example, Mauritius and Zimbabwe.
15 For example, Nigeria – CEACR, Convention No. 155, direct request, published in 2016; Russian Federation –
CEACR, Convention No. 155, direct request, published in 2016.
16 For example, Albania, Antigua and Barbuda, Argentina, Bahrain, Barbados, Belarus, Brazil, Bulgaria,
Cambodia, Colombia, Costa Rica, Chile, Croatia, Czech Republic, Ecuador, El Salvador, France, Greece,
Hungary, Indonesia, Latvia, Mauritius, Namibia, Panama, Senegal, Spain, Sri Lanka, Togo, Turkey, United
Kingdom, United Republic of Tanzania, Uruguay, Bolivarian Republic of Venezuela and Zimbabwe.
Policy and legal framework
ILC.106/III/1B 37
engagement of WorkSafe New Zealand, the health and safety regulator, and that although
the regulator has struggled at times to ensure meaningful consultations, it is trying to
implement the principle of tripartism in most health and safety matters. The Costa Rican
Federation of Chambers and Associations of Private Enterprises (UCCAEP) reported that
the national Occupational Health Council, with tripartite composition, seeks to promote
better working conditions through the definition, design and enactment of public policies
aimed at providing workers with a decent, safe, competitive and inclusive working
environment.
103. However, the Committee also notes the concerns raised by several workers’
organizations concerning the frequency and breadth of the consultations on national OSH
policies due to the lack of political will or in connection with a particular conjuncture. For
example, the National Confederation of United Independent Unions (CONUSI) stated that
there is no national OSH policy in Panama, emphasizing the lack of consultations in that
regard. The General Union of Workers (UGT) underlined that the implementation of the
national policy on OSH in Brazil has been neglected, as there are no longer tripartite
meetings to promote the prevention of occupational accidents. The Single Confederation
of Workers of Colombia (CUT) reported a lack of effective social dialogue in Colombia
in the elaboration of the National OSH Plan, adopted in December 2014, due to the limited
participation of workers’ representatives in the National OSH Committee, the National
Council for Occupational Risks and several OSH departmental committees, as well as in
joint committees at the level of the undertaking. The General Confederation of Portuguese
Workers (CGTP) noted that the economic crisis had hampered the effective
implementation in practice of the national OSH policy in Portugal, including the paralysis
of collective bargaining and social dialogue, as the participation of workers in prevention
and promotional activities has been limited and the right to be informed through
consultation has been reduced to bureaucratic formalities.
104. With respect to views expressed by employers’ organizations, the Chamber of
Production and Industry of Chile (CPC) welcomed the efforts made by the Government
of Chile to formulate a new OSH policy, but highlighted that it had not been invited to
participate in the tripartite consultations held at the regional level in this respect. The CPC
stressed that the tripartite Consultative Council on OSH (CCSST) should have played a
stronger role in this process. The National Confederation of Industry (CNI) emphasized
the need to analyse and review the national OSH policy in light of the national economic
situation in Brazil. The Sudanese Businessmen and Employers Federation (SBEF)
indicated that, in the absence of a national consultative council in Sudan, no OSH policy
had been developed. The Korea Employers’ Federation (KEF) reported that the
Government of the Republic of Korea needs to further strengthen communication with the
interested parties, including organizations of workers and employers, when establishing
OSH policy.
105. The Committee considers that the national policy process, with full participation
of the social partners, remains the crucial engine for improving the national OSH
situation and creating safe and healthy working environments. The cyclical national
policy process will be indispensable for countries wishing to make progress, over the
next 15 years, towards SDG target 8.8 of ensuring a safe and secure working
environment for all workers. Considering the concerns raised by a number of workers’
and employers’ organizations, the Committee stresses that the difficulties encountered
in times of economic crisis should not lead to the deterioration of the national situation
concerning OSH. It emphasizes that further attention should be paid by the tripartite
constituents to ensuring not only the formulation, but also the full implementation of
such policies, as well as the undertaking of comprehensive reviews to allow periodic
Working together to promote a safe and healthy working environment
38 ILC.106/III/1B
adjustment in light of changing national situations and emerging technologies. The
Committee recalls that member States may avail themselves of ILO technical assistance
in this regard.
National policy on OSH in mining
Box 2.2 National policy on OSH in mining
Article 3 of Convention No. 176 provides that:
In the light of national conditions and practice and after consultations with the most representative organizations of employers and workers concerned, the Member shall formulate, carry out and periodically review a coherent policy on safety and health in mines, particularly with regard to the measures to give effect to the provisions of the Convention.
106. Like Conventions Nos 155 and 187, Convention No. 176 is centred around a
dynamic policy process as an essential mechanism for achieving good safety and health in
mines.
107. Among ratifying States, the Committee has noted the development in the last decade
of national policies on safety and health in mines in several countries, in consultation with
the social partners, including in the Czech Republic, Sweden and Zambia, 17 as well as
ongoing efforts to develop such a policy in Zimbabwe. 18 Certain non-ratifying States,
including Japan and India, also reported a national policy on safety and health in mining.
These national policies may take different forms and can be embedded in a general
national policy, as long as it contains specific principles priorities, and details for
implementation concerning safety and health in mining. For example, in Ukraine, the
Committee noted that the national OSH programme comprises a number of specific
implementing measures and targets related to the mining sector, and that the mining
authority reviews the OSH regulations at least once every ten years, with the participation
of workers’ and employers’ organizations. 19
108. While these national policies can take many different forms, ranging from unified
written policy documents to a coherent body of legislation and implementing regulations
on safety and health in mines, depending on the national situation and practice, the
Committee has continually emphasized the importance of taking measures to ensure that
such policies are coherent. It has further underlined the need to consult the most
representative organizations of employers and workers concerned in the formulation,
implementation and review of the policy. 20
109. The IOE highlighted that health and safety in mines is focused on trying to move
towards a zero harm industry. It added that in recent years the global mining industry has
made great progress in improving health and safety performance and that one of the
sustainable development principles of the industry is to seek continual improvement in
health and safety performance. Notwithstanding this commitment in the global mining
17 Czech Republic – CEACR, Convention No. 176, direct request, published in 2011; Sweden – CEACR,
Convention No. 176, direct request, published in 2006; Zambia – CEACR, Convention No. 176, direct request,
published in 2016.
18 Zimbabwe – CEACR, Convention No. 176, direct request, published in 2015.
19 Ukraine – CEACR, Convention No. 176, direct request, published in 2016.
20 See for example, Albania – CEACR, Convention No. 176, direct request, published in 2016; Lebanon – CEACR,
Convention No. 176, direct request, published in 2015; Ukraine – CEACR, Convention No. 176, direct request,
published in 2016.
Policy and legal framework
ILC.106/III/1B 39
industry to live by a culture of safety, unfortunately disasters in the mining sector continue
claiming many lives. 21
110. Concerning national mining policies, the General Union of Workers (UGT) in Spain
indicated that there is no such national policy. The Single Confederation of Workers of
Colombia (CUT) emphasized that the National OSH Commission on Mining has not met
in Colombia since the end of 2014. These organizations also stressed that regulations in
mining do not adequately address OSH concerns, or cover certain mining activities. In this
respect, the National Employers Association of Colombia (ANDI) reported that
discussions are currently being held on regulations to prevent risks in underground and
open air mining. In addition, the Sudanese Businessmen and Employers Federation (SBEF)
indicated that the mining sector in Sudan has expanded, and that further consideration of
a national OSH policy in the sector is therefore necessary.
111. As a safety and health in mines policy constitutes an essential prerequisite for the
implementation of the Convention, the Committee remains concerned that many of the
countries that have ratified Convention No. 176 have not yet developed or implemented
coherent policies. 22 It urges ratifying countries that have not yet done so to embark on
this process in consultation with the social partners, and to ensure that, once adopted,
such policies are also coherently implemented and periodically examined. The
Committee emphasizes the importance of the development and implementation of such
policies for all countries with a mining sector, and encourages all such countries to
undertake consultations on measures that can be taken to improve OSH in the sector.
National policy on OSH in agriculture
Box 2.3 National policy on OSH in agriculture
Article 4(1) of Convention No. 184 provides that:
In the light of national conditions and practice and after consulting the representative organizations of employers and workers concerned, Members shall formulate, carry out and periodically review a coherent national policy on safety and health in agriculture. This policy shall have the aim of preventing accidents and injury to health arising out of, linked with, or occurring in the course of work, by eliminating, minimizing or controlling hazards in the agricultural working environment.
112. The national policy process is also an essential element of Convention No. 184, with
particular emphasis on the importance of prevention. The Convention specifically
provides that national safety and health policies in agriculture must have as their purpose
the prevention of accidents and injury to health, specifically through the elimination,
minimization or control of hazards in the agricultural working environment.
113. This policy must be formulated in light of national conditions and practice, and the
Committee has consistently underlined the key role of consultations with the social
partners in its development and periodic review. For example, the Committee noted with
satisfaction the tripartite process undertaken in Uruguay, with a built-in review
mechanism. This process began with the establishment of a tripartite group for the rural
21 See paragraph 8 of this General Survey.
22 See, for example, Bosnia and Herzegovina – CEACR, Convention No. 176, direct request, published in 2013;
Lebanon – CEACR, Convention No. 176, direct request, published in 2016; Peru – CEACR, Convention No. 176,
observation, published in 2015; Slovakia – CEACR, Convention No. 176, direct request, published in 2015;
Zimbabwe – CEACR, Convention No. 176, direct request, published in 2015.
Working together to promote a safe and healthy working environment
40 ILC.106/III/1B
sector to give effect to Convention No. 184, including representation from rural workers’
and employers’ organizations. Consultations with the group resulted in the formulation of
Decree No. 321/009 of 9 July 2009 concerning safety and health in agriculture,
establishing the objectives of the national policy and providing for its implementation and
periodic review in conjunction with the social partners. The Decree also establishes the
tripartite committee on safety and health in the rural environment (CTR), which will
follow up on its application. 23 As noted with respect to national policies on mining, the
national policy on occupational safety and health in agriculture can be a component of a
broader national OSH policy, on condition that it contains specific elements and priorities
relating to improving occupational safety and health in the agricultural sector. However,
the Committee notes that a number of ratifying countries have not yet provided full
information on the formulation of a coherent national OSH policy in agriculture, nor on
the consultations undertaken in this respect. 24
114. Certain employers’ and workers’ organizations in countries that have not ratified
Convention No. 184 indicated that there is no national policy in agriculture, including the
National Confederation of Industry (CNI) in Brazil and the Canadian Labour Congress
(CLC) in Canada. The Single Confederation of Workers of Colombia (CUT) indicated
that in Colombia the general national policy is not relevant to the agricultural sector due
to: the higher poverty rate of the population in rural areas compared to urban areas;
informality and the high number of precarious workers in the sector; and low coverage
and participation of agricultural workers in the national system of social protection. In
addition, the CUT and the General Workers’ Union (GWU) emphasized that there is no
national legislation on OSH in agriculture in Colombia and Malta respectively.
115. Certain social partners identified specific measures that need to be taken with respect
to OSH in agriculture. The CLC highlighted that farm workers in Canada have limited
occupational health and safety protections, and that agricultural injuries and fatalities are
not measured in most jurisdictions, so there is no baseline upon which to gauge
improvement. The American Federation of Labor and Congress of Industrial
Organizations (AFL-CIO) emphasized that the exclusion of family farms with ten or fewer
employees from the OSH Act is problematic, as is the exclusion of agricultural workers
from coverage of a number of particular standards, in light of the high rate of fatalities and
workplace injuries in agriculture in the United States. The New Zealand Council of Trade
Unions (NZCTU) expressed disappointment with the consultations on matters relating to
agriculture undertaken by WorkSafe New Zealand, the health and safety regulator in New
Zealand, because they have been limited to the consideration of unenforceable guidance
material for farmers. With respect to the Republic of Moldova, the National Confederation
of Trade Unions of Moldova (CNSM) indicated that, while there is a plan of action for the
implementation of Convention No. 184, there have not been any consultations with
representative organizations of employers and workers at the national or branch levels on
safety and health issues in agriculture. Similarly, the Australian Council of Trade Unions
(ACTU) indicated that there is a lack of OSH legislation covering agriculture in Australia¸
despite the sector recording among the highest number of work-related fatalities. In this
respect, the Australian Chamber of Commerce and Industry (ACCI) indicated that there is
a Safe Work Australia national agricultural activity plan outlining activities in the sector.
23 Uruguay – CEACR, Convention No. 184, observation, published in 2011.
24 For example, Bosnia and Herzegovina – CEACR, Convention No. 184, direct request, published in 2013; Fiji –
CEACR, Convention No. 184, direct request, published in 2016; and Ukraine – CEACR, Convention No. 184,
direct request, published in 2016.
Policy and legal framework
ILC.106/III/1B 41
116. The Committee recalls that the national policy process, including undertaking a
review at periodic intervals in consultation with the social partners, constitutes an
important mechanism for the development of tripartite solutions for accident and injury
prevention that are adapted to national conditions. The Committee encourages all
member States to engage in consultations on measures that can be taken with a view to
preventing accidents and injuries in the agricultural sector.
The construction sector
Box 2.4 Consultations on measures to give
effect to Convention No. 167
Article 3 of Convention No. 167 provides that:
The most representative organizations of employers and workers concerned shall be consulted on the measures to be taken to give effect to the provisions of this Convention.
117. Convention No. 167, as the oldest Convention covered by the present Survey, is the
only Convention examined that does not include the development of a national policy on
safety and health in the sector covered, and the issue does not appear to have been the
subject of in-depth consideration during the preparatory work. Nonetheless, the
Convention does require consultations with the representative organizations of employers
and workers concerned on the measures taken to give effect to it.
118. Certain countries specifically indicated that the general national policy on
occupational safety and health covers the construction sector, 25 while some countries have
a specific OSH policy in the sector. In this respect, the Committee has noted that Cyprus
has adopted a common policy declaration for the construction sector, aiming to reduce the
rate of accidents in the sector, 26 and that Chile has an OSH plan in the construction sector,
which includes specific objectives and targets. 27 The All-Poland Trade Unions Alliance
(OPZZ) indicated that in Poland an arrangement for safety and health in the construction
sector was signed in 2010, which aims to promote a culture of safety in the sector, raise
awareness of the risks related to construction work and promote their elimination.
Moreover, the Government of Panama reported that a law on the reduction of occupational
accidents in the construction sector was adopted in 2015, establishing a tripartite
commission responsible for its implementation, which is currently undertaking analyses
and discussion with a view to formulating proposals.
119. Certain workers’ organizations highlighted the need to examine the situation in
construction with regard to OSH and to review national legislation accordingly. For
example, the Single Confederation of Workers of Colombia (CUT) and the General
Confederation of Portuguese Workers (CGTP) stressed that national legislation on
construction is out of date in Colombia and Portugal, respectively. Moreover, the
Australian Council of Trade Unions (ACTU) indicated that there is limited consultation
between OSH regulators, employers’ organizations and trade unions on certain issues
affecting the building and construction industry, particularly the licensing of high-risk
occupations, such as riggers, scaffolders and crane operators, and that the consultations
25 For example, India, Senegal and Sri Lanka.
26 Cyprus – CEACR, Convention No. 155, direct request, published in 2011.
27 Chile – CEACR, Convention No. 187, direct request, published in 2014.
Working together to promote a safe and healthy working environment
42 ILC.106/III/1B
undertaken by the Federal Safety Commissioner on building and construction are on an ad
hoc basis in Australia.
120. In terms of positive developments, the Employers’ Confederation of the Dominican
Republic (COPARDOM) stated that in recent years, occupational safety and health in
construction has improved in the Dominican Republic due, among other issues, to the
contracts signed between local and foreign companies requiring the implementation of
higher OSH standards. The Federation of the German Construction Industry (HDB) and
the German Construction Federation (ZDB) indicated that in Germany sustainable
improvements have been achieved in the field of OSH, and that the statistics of the
occupational insurance association of the building sector indicate that accident rates have
steadily decreased.
121. Emphasizing the importance of social dialogue, the Committee encourages all
governments to undertake consultations with the most representative organizations of
employers and workers concerned on cross-sectoral and specific measures that can be
taken to improve OSH in the construction sector.
2. National system for OSH
Box 2.5 National system for OSH
Article 4 of Convention No. 187 provides that:
1. Each Member shall establish, maintain, progressively develop and periodically review a national system for occupational safety and health, in consultation with the most representative organizations of employers and workers.
2. The national system for occupational safety and health shall include among others:
(a) laws and regulations, collective agreements where appropriate, and any other relevant instruments on occupational safety and health;
(b) an authority or body, or authorities or bodies, responsible for occupational safety and health, designated in accordance with national law and practice;
(c) mechanisms for ensuring compliance with national laws and regulations, including systems of inspection; and
(d) arrangements to promote, at the level of the undertaking, cooperation between management, workers and their representatives as an essential element of workplace-related prevention measures.
3. The national system for occupational safety and health shall include, where appropriate:
(a) a national tripartite advisory body, or bodies, addressing occupational safety and health issues;
(b) information and advisory services on occupational safety and health;
(c) the provision of occupational safety and health training;
(d) occupational health services in accordance with national law and practice;
(e) research on occupational safety and health;
(f) a mechanism for the collection and analysis of data on occupational injuries and diseases, taking into account relevant ILO instruments;
(g) provisions for collaboration with relevant insurance or social security schemes covering occupational injuries and diseases; and
(h) support mechanisms for a progressive improvement of occupational safety and health conditions in micro-enterprises, in small and medium-sized enterprises and in the informal economy.
122. A “national system” is essentially the term used to describe the infrastructure that
allows for the implementation of both the national OSH policy and the national OSH
Policy and legal framework
ILC.106/III/1B 43
programme. 28 This concept underlines that certain institutions are necessary to achieve
improvement in the national OSH situation, and these mechanisms are collectively
referred as a “national system”. In this regard, the first report submitted to the Conference
in the context of the preparatory work for Convention No. 187 stated:
For the competent authority, it is not enough just to establish OSH legislation and to make
arrangements for its enforcement. While tripartite collaboration, inspection and enforcement are
still vital components of any national OSH system, there is a need to develop other elements of
the system covering specific functions – either within or in collaboration with key players such
as labour inspectorates. ... Although national OSH systems can vary from one country to another,
they should have many elements in common. 29
123. Accordingly, Convention No. 187 calls for the national system to include
four essential elements that remain in place over time and permit the sustainability of OSH
actions: (a) legislation and collective agreements; (b) an authority (or authorities)
responsible for occupational safety and health; (c) mechanisms for ensuring compliance
with national laws and regulations (including labour inspection); and (d) arrangements to
promote cooperation between management, workers and their representatives as an
essential element of workplace-related prevention measures. 30
124. In recognition of the need for such systems to be adapted to specific national
situations, the Convention remains flexible on the implementation of many of the elements
required. In addition to requiring the establishment of the four essential mechanisms
described above, the Convention also identifies an additional eight mechanisms to be
developed as appropriate. These eight important elements of the national system are: (a) a
national tripartite advisory body addressing OSH issues; (b) information and advisory
services; (c) occupational safety and health training; (d) occupational health services;
(e) research; (f) a mechanism for the collection and analysis of data on occupational
injuries and diseases; (g) provisions for collaboration with relevant insurance or social
security schemes covering occupational injuries and diseases; and (h) support mechanisms
for a progressive improvement of occupational safety and health conditions in micro-
enterprises, in small and medium-sized enterprises (SMEs) and in the informal
economy. 31 These provisions lead the way to a variety of good practices for promoting
the continuous improvement of safety and health at work.
125. The IOE highlighted the flexibility of the Convention with respect to the national
OSH system, which enables countries to tailor the implementation of the Convention to
national needs. The IOE expressed the view that, while OSH regulation and institutions
are very important, undue bureaucracy should be avoided for them to be effective.
126. The Committee emphasizes that the key purpose of the national system is the
promotion of the continuous improvement of OSH to prevent occupational injuries,
diseases and deaths, and national OSH systems should therefore be progressively
developed, in consultation with the social partners. 32 Recommendation No. 197 provides
that consultations on national systems could be extended to other interested parties, 33 and
that such systems should provide appropriate measures for the protection of all workers of
28 Article 1(b) of Convention No. 187.
29 ILO: Promotional framework for occupational safety and health, Report IV(1), ILC, 93rd Session, Geneva, 2005,
para. 48.
30 Article 4(2) of Convention No. 187.
31 ibid., Articles 4(1) and 4(3).
32 ibid., Articles 2(1) and 4(1).
33 Paragraph 2(b) of Recommendation No. 197.
Working together to promote a safe and healthy working environment
44 ILC.106/III/1B
both genders, and in particular workers in high-risk sectors, and vulnerable workers, such
as those in the informal economy and migrant and young workers. 34
127. Based on the responses received, the concept of a national OSH system appears not
to be fully understood by some member States. Although some governments indicated that
they have no “national system”, the Committee observes that all reporting countries for
this General Survey referred to certain elements of a national OSH system, with significant
variation in their level of development. While some governments reported having only a
basic legislative framework on OSH, other governments referred to fully developed OSH
systems composed of all the elements and institutions outlined in Article 4 of Convention
No. 187.
128. The following paragraphs 35 examine the implementation of certain aspects of the
national OSH system, including the required legislative framework, the designation of
responsible authorities and consultations on the development and periodic review of a
national OHS system. Because of their particular relevance for the sectoral instruments,
other key elements, such as arrangements at the level of the undertaking and measures for
ensuring compliance with national laws and regulations are examined in Chapters III
and V, respectively, while the provision of OSH training and information and advisory
services is examined in Chapter IV.
OSH legislative framework
and other components
General considerations
129. One of the core elements of the national system is national OSH laws and regulations.
A legislative framework acts as a key pillar for the realization of the national OSH policy,
and clarifies the roles and responsibilities of employers and the duties and rights of
workers. All governments replying to the questionnaire indicated that they have legislation
on this subject, which takes various forms, or are in the process of developing such
legislation. Certain governments also referred to constitutional provisions related to
OSH, 36 highlighting the importance of OSH in national legal frameworks. Numerous
governments indicated that they have a specific occupational safety and health act, 37 and
others referred to specific OSH provisions in general labour legislation, normally
contained in a chapter dedicated to the subject. 38 Governments also referred to
components of legislation focusing on public health 39 and social security 40 as constituting
important elements of their national OSH system. Numerous governments referred to the
34 ibid., Paragraphs 3–4.
35 Paragraphs 129–146.
36 For example, Algeria, Chile, Cuba, Ethiopia, Guatemala, Montenegro, Panama and Philippines.
37 For example, Belgium, Colombia, Finland, Japan, Kenya, Mauritius, Mexico, Morocco, New Zealand,
Nicaragua, Romania, Singapore, South Africa, Turkey, United Kingdom, United States and Uruguay.
38 For example, Albania, Antigua and Barbuda, Bangladesh, Cambodia, Colombia, Cuba, Ethiopia, Panama,
Russian Federation, Senegal and Togo.
39 For example, Algeria, Azerbaijan, Bahrain, Ethiopia, Georgia and Togo.
40 For example, Belarus, Bulgaria, Burkina Faso, Gabon, Greece, Senegal and Sweden.
Policy and legal framework
ILC.106/III/1B 45
role of sector-specific OSH legislation in their national system. 41 In addition, the
Governments of Antigua and Barbuda and Zimbabwe reported that they are in the process
of developing specific legislation to regulate OSH.
130. The Convention requires the periodic review of the components of the national
system in consultation with the social partners. In this respect, certain workers’
organizations highlighted that national legislation should be reviewed to address specific
gaps of application. For example, the Single Confederation of Workers of Colombia (CUT)
stated that certain categories of workers, such as workers employed on an informal or
outsourced basis, as well as teleworkers, are not specifically included within the scope of
application of the policy and legislative framework in Colombia. The Argentine Building
Workers Union (UOCRA) and the General Confederation of Labour of the Argentine
Republic (CGT RA) pointed out that, while domestic workers are covered by safety and
health legislation in Argentina, self-employed workers should also be included in its scope
of application. In addition, the General Union of Workers (UGT) indicated that self-
employed workers in Spain enjoy lower protection than other categories of workers, while
domestic workers are excluded from the scope of application of the general legislation on
OSH. The Confederation of National Trade Unions (CSN) reported that the Committee on
standards, equity and health and safety at work in Quebec, Canada, has discretionary
power concerning the application of certain provisions of the OSH law, and that certain
provisions are therefore only applied in traditionally male-dominated sectors. The CSN
added that the failure to revise the list of occupational diseases since 1985 is not in
conformity with the obligation under Convention No. 187 to periodically review the OSH
system. The American Federation of Labor and Congress of Industrial Organizations
(AFL-CIO) underlined that self-employed workers are not covered by the OSH Act, which
is problematic as the number of self-employed workers is growing and they have a much
higher fatality rate than wage and salaried workers in the United States.
131. Given the importance of progressively developing and periodically reviewing the
components of the national OSH system, the Committee encourages governments to
continue to undertake consultations with the social partners on OSH legislation and
regulations, with a view to addressing any exclusions or gaps in coverage identified in
the legislative framework.
Technical standards
132. Convention No. 187 highlights that, in addition to national legislation and
regulations, other OSH instruments can play a key role towards the progressive
achievement of a safe and healthy working environment. In this respect, Conventions Nos
167, 176 and 184 each make reference to technical standards as an important means of
implementing certain provisions. 42 Further, many governments reported on the role that
technical standards played in their national occupational safety and health systems,
including standards on general OSH issues, 43 as well as technical standards specifically
41 For example, Belgium, Brazil, Cambodia, Chile, Colombia, Costa Rica, Cuba, Ecuador, Ethiopia, Japan, Kenya,
Mexico, Morocco, Nicaragua, Pakistan, Panama, Peru, Romania, Russian Federation, Senegal, South Africa, Sri
Lanka, Turkey, United Kingdom and Zimbabwe.
42 Article 5 of Convention No. 167, Article 4 of Convention No. 176 and Article 11 of Convention No. 184.
43 For example, Brazil, Colombia, Guatemala, Kenya, Romania and United Kingdom.
Working together to promote a safe and healthy working environment
46 ILC.106/III/1B
covering construction, 44 mining 45 and, to a lesser extent, agriculture. 46 Moreover, some
countries have also used ILO codes of practice to develop national technical standards. 47
Collective agreements
133. Convention No. 187 specifically identifies collective agreements as a mechanism
that, where appropriate, can be an important component of a national OSH system. It
appears from the preparatory work that initial versions of the draft instrument referred
only to laws and regulations as part of the OSH system. However, during the first
discussion at the Conference leading to the adoption of Convention No. 187, the term
“collective agreements” was added in light of indications that such agreements form an
integral part of the national OSH system in several European Union Member States. 48
Convention No. 184 also provides that effect can be given to certain of its provisions
through collective agreements. 49
134. The Committee recalls that collective agreements are an important element of the
national system for occupational safety and health. In this respect, many governments
indicated that they often include OSH issues, 50 and only a few reported that OSH issues
are not normally covered. 51 For example, the Government of Ethiopia indicated that most
collective agreements have some OSH provisions. The Government of Estonia indicated
that 86 per cent of collective agreements include OSH provisions, while the Government
of Chile indicated that approximately 33 per cent of collective agreements include certain
OSH provisions. The Government of Belgium reported that certain aspects of well-being
at work are precisely regulated in collective agreements, and that the numerous agreements
concluded through the National Labour Council are an important source of law in that
regard. The Government noted that any provisions in such agreements contrary to higher
sources of law (such as international treaties, legislation, decrees) are null.
135. In addition to governments, also a number of workers’ organizations provided
information on collective agreements adopted containing OSH provisions, some of them
covering particular sectors. For example, the National Union of Miners, Metalworkers and
Allied Workers of the Republic of Mexico (SNTMMSSRM) indicated that collective
agreements contain precise provisions to ensure compliance with OSH in mining,
including the prevention of occupational accidents and diseases, individual and collective
protective equipment, and measures on ventilation, light and safety signs. The National
Confederation of Trade Unions of Moldova (CNSM) indicated that the collective
agreement for the agriculture and food sector in the Republic of Moldova contains a
chapter on OSH. The American Federation of Labor and Congress of Industrial
44 For example, Australia, Ethiopia, Finland, Iceland and Mexico.
45 For example, Colombia and Republic of Korea.
46 For example, Costa Rica and New Zealand.
47 For example, Iraq and Mauritius – CEACR, Convention No. 187, direct request, published in 2015.
48 ILO: Provisional Record No. 18, Report of the Committee on Safety and Health, ILC, 93rd Session, Geneva,
2005, paras 161–163.
49 Article 8(3) of Convention No. 184 provides that the procedures for the exercise of the rights and duties of
workers shall be established by national laws and regulations, the competent authority, collective agreements or
other appropriate means. Article 20 of Convention No. 184 provides that hours of work, night work and rest periods
for workers in agriculture shall be in accordance with national laws and regulations or collective agreements.
50 Azerbaijan, Belarus, Belgium, Bosnia and Herzegovina, Bulgaria, Chile, Czech Republic, Ecuador, Estonia,
Ethiopia, France, Georgia, Greece, Italy, Morocco, South Africa, Togo, Bolivarian Republic of Venezuela, Viet
Nam and Zimbabwe.
51 For example, Austria and Pakistan.
Policy and legal framework
ILC.106/III/1B 47
Organizations (AFL-CIO) indicated that, at the local level, certain collective agreements
provide for the establishment of safety and health committees and paid time for safety
activities in the United States. The Australian Council of Trade Unions (ACTU) reported
that building and construction unions in Australia negotiate detailed provisions in their
collective agreements to regulate OSH matters, particularly relating to working in heat and
inclement weather and on the resolution of OSH disputes.
136. Moreover, certain trade unions expressed support for the inclusion of safety and
health provisions in collective agreements in the future. For example, the Swiss Federation
of Trade Unions (USS/SGB) underlined that this could, to a certain extent, address the
lack of legal protection in the agricultural sector in Switzerland. The General Union of
Workers (UGT) stated that in Spain an Agreement for Employment and Collective
Bargaining signed in 2015 with a view to orienting negotiations identifies a number of
OSH measures to be considered when negotiating future collective agreements.
137. In light of the replies received by a number of governments and the observations
of several workers’ organizations, the Committee recognizes the relevance of collective
agreements as an important element of the national system for occupational safety and
health and their significance to the progressive development of a safer and healthier
working environment.
Authorities responsible for OSH
138. Convention No. 187 requires that the national OSH system include an authority or
body, or authorities or bodies, responsible for OSH, designated in accordance with
national law and practice. 52 These institutions have a major role in the promotion of
occupational safety and health at the national level, and in the implementation of the
national OSH policy. In this respect, in the preparatory work for Convention No. 187, it
was emphasized that authorities should not only be designated, but also be known to the
public. 53
139. In practice, many governments reported that the designated national authority is a
specialized OSH agency or specific OSH department within the ministry responsible for
labour. 54 Certain governments referred generally to the Ministry of Labour, 55 with some
also highlighting the role of the labour inspectorate with respect to OSH. 56 Some countries
also referred to the role played by the Ministry of Health 57 and national social security
authorities in this regard. 58 The Committee recalls the importance of guaranteeing
coordination between the various authorities with responsibilities for OSH to permit the
implementation of a coherent national policy on OSH.
52 The text refers specifically to “bodies”, as during the development of the Convention, certain members of the
Committee indicated that national occupational safety and health systems in European Union countries involved
both designated authorities and non-public bodies. See ILO: Provisional Record No. 18, Report of the Committee
on Safety and Health, ILC, 93rd Session, Geneva, 2005, para. 163.
53 ILO: Promotional Framework for occupational safety and health, Report IV(1), ILC, 93rd Session, Geneva,
2005, para. 53.
54 For example, Cuba (department), Finland, Iceland, Kenya, Mauritania, Panama and United Kingdom.
55 For example, Brazil, Cambodia, Costa Rica, Ecuador, Republic of Korea, Romania, South Africa, Sri Lanka and
Togo.
56 For example, Republic of Korea and Togo.
57 For example, Romania, Sri Lanka and Togo.
58 For example, Belgium and Zimbabwe.
Working together to promote a safe and healthy working environment
48 ILC.106/III/1B
Consultations on the development and periodic
review of a national OSH system
140. Consultations with the most representative organizations of employers and workers
are essential not only in the establishment of a national OSH system, but in its maintenance,
progressive development and periodic review. Most of the information provided by
governments referred to consultations undertaken concerning the development and
adoption of legislation and regulations. For example, while the Governments of Colombia,
Denmark, Greece, Hungary, Italy, Spain, Togo and Zimbabwe referred to consultations
undertaken generally on the OSH system, the Governments of Bosnia and Herzegovina,
Dominican Republic, Estonia, Israel, Pakistan, Russian Federation, Sri Lanka, United
Kingdom and Bolivarian Republic of Venezuela provided information on the consultations
undertaken with the social partners on the development and review of the legislative
framework. In addition, the Government of Iceland indicated that the board of its OSH
administration, which makes proposals and advises the administration on OSH matters,
includes members nominated by workers’ and employers’ organizations.
141. The Committee notes that a number of workers’ organizations have reported that
consultations in this regard could be strengthened. For example, the Georgian Trade
Unions Confederation (GTUC) stated that in Georgia there is a lack of consultation on a
number of components of the national system, including labour inspection, and that the
Decree on the state programme of monitoring of labour conditions was adopted without
going through the platform for tripartite social dialogue or engaging in consultations with
the unions. The Canadian Labour Congress (CLC) indicated that certain legislative
changes to health and safety regulations in Canada in federally regulated workplaces were
made in 2015 without consultations with either workers’ or employers’ representatives,
bypassing the consultative process. The Confederation of Workers of Argentina (CTA
Autonomous) indicated that successive governments lacked the political will to
consult with workers and employers organizations on the development of the national
system. A few organizations expressed concern that the review of the national system
could result in it being weakened. In this respect, the Netherlands Trade Union
Confederation (FNV) indicated that the periodic review of the national system in the
Netherlands is not focused on the protection of workers, but rather on the reduction of
administrative burdens. The Australian Council of Trade Unions (ACTU) stated that there
is a process under way to weaken the model workplace health and safety laws in Australia,
which aims to modify and remove provisions that facilitate the ability of workers to be
effectively represented and supported by health and safety representatives and trade unions,
including the training rights of safety and health representatives.
142. In this connection, the Committee emphasizes that the obligation to establish and
progressively develop a national OSH system in consultation with the social partners is
intrinsically linked, under Article 2(1) of the Convention, to the obligation to promote
the continuous improvement of OSH to prevent occupational injuries, diseases and
deaths. Accordingly, such consultations must be undertaken with a view to concretely
and significantly improve the national OSH situation.
143. In relation to regular consultations on national OSH systems, numerous governments
referred to consultations undertaken in a tripartite body established to discuss OSH issues.
Particularly, some governments indicated that the national tripartite committee for labour
issues in general also discusses OSH issues, 59 while many governments indicated that
there is a national tripartite body dedicated to OSH issues, which is often an advisory
59 For example, Belarus, Bosnia and Herzegovina, Brazil, Bulgaria, Cambodia, France, Romania and Togo.
Policy and legal framework
ILC.106/III/1B 49
body 60 and one reported that it intends to establish such a body in the near future. 61 For
example, the Government of Brazil indicated that the Tripartite Committee on OSH
(CTSST) established in 2008 has six representatives each from the federal government,
employers and workers. The CTSST is responsible for proposing improvements in the
national OSH system by, among others: establishing the roles and mechanisms for ongoing
dialogue between its members; building an integrated occupational health database;
promoting the introduction of OSH management systems and programmes; restructuring
training on OSH and incentives for the training and continuing education of workers; and
promoting an integrated programme of study and research on OSH. The Government of
the Republic of Korea indicated that the tripartite Economic and Social Development
Commission has established the OSH Innovation Committee, which includes
representatives of workers and employers, the government and OSH experts, to discuss
ways of improving the OSH system.
144. Certain organizations also highlighted difficulties surrounding the establishment and
functioning of tripartite advisory bodies on OSH issues. For example, the Confederation
of Gabonese Free Trade Unions (CGSL) indicated that, while a tripartite technical
advisory committee on OSH had been established in Gabon, it was no longer functioning.
The Argentine Building Workers Union (UOCRA) and the General Confederation of
Labour of the Argentine Republic (CGT RA) reported that the OSH tripartite committee
established by the Ministry of Labour does not operate on a continuous basis in Argentina,
and the Confederation of Workers of Argentina (CTA Autonomous) emphasized that
it had been excluded from participating in consultations therein. With respect to
Ukraine, the joint observations of the Building and Wood Workers’ International (BWI)
and the Construction and Building Materials Industry Workers’ Union of Ukraine (CBMI)
indicated that there is no permanent tripartite entity to analyse the legal and regulatory
OSH framework, but that temporary working groups have been set up with tripartite
representation to support the gradual development of the national OSH system.
145. The Sudanese Businessmen and Employers Federation (SBEF) indicated that,
although the Labour Code requires the establishment of a national council, it has not been
created, which inhibits consultation on OSH issues.
146. The value of these consultative bodies is highlighted by Convention No. 187, which
identifies a national tripartite advisory body, or bodies, addressing occupational safety and
health issues, as an important part of the national OSH system, as appropriate. The
preparatory work for the Convention highlighted that such tripartite collaboration is a
prerequisite for finding practical ways of improving working conditions and
environments. 62 Recalling that consultations with the social partners are essential for
the functioning of the national system, the Committee encourages governments to take
the necessary measures to ensure the undertaking of genuine consultations on the
establishment, maintenance, progressive development and periodic review of the system.
Noting the recent establishment of tripartite bodies for the consideration of labour
issues in a number of countries, the Committee highlights the potential of these
60 For example, Algeria, Australia, Azerbaijan, Bahrain, Belgium, Brazil, Burkina Faso, Croatia, Cyprus, Czech
Republic, Finland, Greece, Guatemala, Hungary, Indonesia, Republic of Korea, Mauritius, Peru, Singapore, South
Africa and Zimbabwe.
61 Ethiopia.
62 ILO: Promotional framework for occupational safety and health, Report IV(1), ILC, 93rd Session, Geneva, 2005,
para. 49.
Working together to promote a safe and healthy working environment
50 ILC.106/III/1B
institutions as a forum for consultations and the periodic review of the national OSH
system.
3. National programmes on OSH
Box 2.6 National programmes on OSH
Article 5 of Convention No. 187 provides that:
1. Each Member shall formulate, implement, monitor, evaluate and periodically review a national programme on occupational safety and health in consultation with the most representative organizations of employers and workers.
2. The national programme shall:
(a) promote the development of a national preventative safety and health culture;
(b) contribute to the protection of workers by eliminating or minimizing, so far as is reasonably practicable, work-related hazards and risks, in accordance with national law and practice, in order to prevent occupational injuries, diseases and deaths and promote safety and health in the workplace;
(c) be formulated and reviewed on the basis of analysis of the national situation regarding occupational safety and health, including analysis of the national system for occupational safety and health;
(d) include objectives, targets and indicators of progress; and
(e) be supported, where possible, by other complementary national programmes and plans which will assist in achieving progressively a safe and healthy working environment.
3. The national programme shall be widely publicized and, to the extent possible, endorsed and launched by the highest national authorities.
147. National OSH systems are operationalized through the development of national OSH
programmes. During the preparatory work for the instruments, it was considered that a
clear linkage between national OSH programmes and the national OSH system would
enable the continuous improvement of national OSH performance. 63 It was underlined
that many countries had reached a plateau in the reduction of occupational accident rates,
while some countries were even experiencing an increase in occupational accidents and
diseases. Strategic action to revitalize OSH efforts was therefore necessary. As significant
improvements at the national level could not be made in one year, this should take the
form of medium-term strategic plans, for example lasting five years, in order to ensure the
sustainability of improvements and build and maintain a safety culture. 64 It was also
highlighted that the key to achieving practical and effective strategies and plans was the
involvement of the social partners and other stakeholders. 65
148. Convention No. 187 therefore establishes the requirement for the formulation,
implementation, monitoring, evaluation and periodic review of a national OSH
programme, in consultation with the most representative organizations of workers and
employers. 66 The national programme must be formulated and reviewed based on an
analysis of the national OSH situation. 67 In promoting the development of a preventative
63 ILO: Promotional framework for occupational safety and health, Report IV(1), ILC, 93rd Session, 2005,
para. 94.
64 ibid., paras 39 and 69.
65 ibid., para. 70.
66 Article 5(1) of Convention No. 187.
67 ibid., Article 5(2)(c).
Policy and legal framework
ILC.106/III/1B 51
safety and health culture, national OSH programmes shall contribute to the protection of
workers by eliminating or minimizing, so far as is reasonably practicable, work-related
hazards and risks. 68 Recommendation No. 197 adds that national programmes should
identify priorities and be based on principles of assessment and management of hazards
and risks, in particular at the workplace level. 69
Formulating, launching and implementing
the national OSH programme
149. The Convention requires the national programme, to the extent possible, to be
endorsed and launched by the highest national authorities, and to be widely publicized. 70
The preparatory work for the Convention stressed the importance of this aspect, as
endorsement or approval by parliament or at a similar level implies a strong commitment,
an assurance of financial resources during the programme period and greater visibility
through increased media attention. 71 In this respect, the Committee has noted that the
Occupational Safety and Health Master Plan for Malaysia 2010-2015 (OSH-MP 15) was
launched by the Prime Minister in 2009. 72 In addition, the Government of Viet Nam
indicated that the two recent national programmes on OSH (2011–15 and 2016–20) were
issued by the Prime Minister in 2010 and 2016, respectively. The Committee recognizes
the importance of high-profile support in contributing to the successful implementation
of national OSH programmes and the prioritization of occupational safety and health
on national agendas. It therefore encourages governments to take measures to ensure
that the highest national authorities endorse the national OSH programmes developed,
to the extent possible.
150. The Committee has noted, in its examination of the implementation of Convention
No. 187, the adoption of national OSH programmes by Austria, Germany, Japan,
Malaysia, Mauritius and Slovakia, 73 as well as ongoing efforts to develop such a
programme in the Republic of Moldova. 74 A significant number of both ratifying and non-
ratifying States also reported, that they have adopted a national OSH programme or plan,
including: Argentina, Australia, Azerbaijan, Burkina Faso, Brazil, China, Colombia,
Croatia, Czech Republic, Denmark, Estonia, France, Greece, Italy, Latvia, Lithuania,
New Zealand, Pakistan (province of Sindh), Republic of Korea, Slovenia and Turkey, or
that they are developing such a programme, including Luxembourg and Namibia.
Moreover, the All-Poland Trade Unions Alliance (OPZZ) reported that the social partners
in Poland have been very involved in the development of the OSH programme for
2017–19. These programmes are generally time-bound (between five and ten years) and
organized around specific national priorities. Certain governments also referred to plans
68 ibid., Article 5(2)(a) and (b).
69 Paragraphs 7–9 of Recommendation No. 197.
70 Article 5(3) of Convention No. 187.
71 ILO: Promotional framework for occupational safety and health, Report IV(1), ILC, 93rd Session, 2005,
para. 71.
72 Malaysia – CEACR, Convention No. 187, observation, published in 2015.
73 Austria – CEACR, Convention No. 187, direct request, published in 2014; Germany – CEACR, Convention
No. 187, direct request, published in 2013; Japan – CEACR, Convention No. 187, direct request, published in
2016; Malaysia – CEACR, Convention No. 187, observation, published in 2015; Mauritius – CEACR, Convention
No. 187, direct request, published in 2015; and Slovakia – CEACR, Convention No. 187, direct request, published
in 2014.
74 Republic of Moldova – CEACR, Convention No. 187, direct request, published in 2014.
Working together to promote a safe and healthy working environment
52 ILC.106/III/1B
or strategies that appear to contain both a national policy and certain time-bound measures
resembling a national programme. 75
151. National programmes must include objectives, targets and indicators of progress, 76
which facilitate both the monitoring of progress and the review of the programme. For
example, the Committee has previously noted that Japan is in the process of implementing
the 12th Industrial Accident Prevention Plan, formulated on the basis of tripartite
discussions, which focuses on reducing industrial accidents, taking into account the
outcome of the 11th Plan. Its target is the reduction of injuries due to occupational
accidents by at least 15 per cent. With respect to the Member States of the EU, the
European Strategy 2007-2012 on health and safety at work included concrete indicators
(including a target of a 25 per cent reduction in the total incidence of accidents at work
per 100,000 workers). Based on the findings of the evaluation of the Strategy, a new
Strategic Framework on Health and Safety at Work 2014-2020 has been adopted. In
particular, the evaluation of the 2007–12 strategy highlighted the need to more effectively
address the impact of specific preventive actions on individual companies (especially
SMEs), which is one of the issues addressed in the 2014-2020 Strategic Framework. 77
152. Certain workers’ and employers’ organizations indicated that further measures are
necessary for the formulation and implementation of national OSH programmes. For
example, the General Confederation of Portuguese Workers (CGTP) recognized the
potential positive impact of the adoption of the National Strategy on OSH 2015–20 in
Portugal, but stressed that the Strategy does not focus enough on strengthening the
participation rights of workers and their representatives. Coupled with the scarcity of
resources available, this could hamper the strategy’s effective implementation. The
Confederation of Gabonese Free Trade Unions (CGSL) indicated that no national
programme on OSH exists in Gabon. The New Zealand Council of Trade Unions (NZCTU)
reported that, while the new legislative framework in New Zealand requires a health and
safety strategy at work to be published by 2018, measures need to be taken with some
urgency to develop and publish the strategy. The Chamber of Production and Industry of
Chile (CPC) indicated that the national OSH system will be strengthened through the use
of objectives, deadlines and indicators. 78
153. The Committee recalls that the development of a national OSH programme is a
key operational element for the promotion of a safety and health culture. Noting that
much of the information provided relates only to the formulation of national
programmes, the Committee emphasizes the importance of ensuring the implementation
of these programmes, their monitoring and subsequent review in consultation with the
75 See, for example, Belgium – CEACR, Convention No. 155, direct request, published in 2016; Portugal –
CEACR, Convention No. 155, observation, published in 2011; Spain – CEACR, Convention No. 155, observation,
published in 2011.
76 Article 5(2)(d) of Convention No. 187.
77 Challenges and key strategic objectives of the 2014-2020 Framework coincide with the main challenges
identified by the Commission Working Group on the Evaluation of the OSH Framework 2007–12. See
Communication from the Commission to the European Parliament, the Council, the European Economic and Social
Committee and the Committee of the Regions on an EU Strategic Framework on Health and Safety at Work
2014-2020, COM(2014)332 final.
78 The Committee recalls in this regard that the report of the committee set up to examine the representation alleging
non-observance by Chile of Convention No. 187 encouraged the Government of Chile to establish a national
programme on OSH which includes objectives, targets and indicators of progress. ILO: Report of the committee set
up to examine the representation alleging non-observance by Chile of the Promotional Framework for
Occupational Safety and Health Convention, 2006 (No. 187), made under article 24 of the ILO Constitution by the
College of Teachers of Chile AG, Governing Body, 326th Session, Geneva, March 2016, GB.326/INS/15/6,
para. 67.
Policy and legal framework
ILC.106/III/1B 53
social partners. In this regard, it recalls the importance of evaluating past performance
and of using a methodology based on clear targets and indicators of progress.
National OSH profile
154. Recommendation No. 197 also provides guidance on the preparation of an
occupational safety and health profile. This should summarize the national OSH situation
and serve as the basis for the formulation and review of a national programme. 79 In this
respect, a number of governments reported the development of an OSH profile, including
in Belgium, Finland, Mauritius, Seychelles and Uganda. The Government of Seychelles
indicated that the national OSH profile, prepared in 2013, provides an overview of the
national OSH situation, identifies opportunities for effective OSH management and makes
recommendations on the way forward. In addition, the Government of Vietnam drafted
two national OSH profiles, first in 2006 and then 2010, in consultation and cooperation
with workers’ and employers’ organizations. A national tripartite team collected the
necessary information and drafted the profile, following the guidance of Recommendation
No. 197. The OSH profiles were linked to the development and implementation of the
National OSH Programmes.
155. OSH profiles normally contain the information necessary for an appraisal of current
strengths and weaknesses, including an inventory of the tools and resources available in
the country to implement and manage OSH, and information on both the current OSH
situation and trends, particularly in terms of occupational accidents and diseases. 80 The
profile includes inputs from the authorities responsible for the various aspects of OSH and
the most representative organizations of employers and workers. 81 In this respect, the
Committee highlights that the development of a national OSH profile can constitute an
important capacity building opportunity through the process of collecting and analysing
the necessary information for its elaboration.
4. The key importance of data on occupational injuries and diseases for the development of national OSH policies, systems and programmes
Box 2.7 Mechanisms for the collection and analysis of data on
occupational injuries and diseases
Article 4(3)(f) of Convention No. 187 provides that:
3. The national system for occupational safety and health shall include, where appropriate:
...
(f) a mechanism for the collection and analysis of data on occupational injuries and diseases, taking into account relevant ILO instruments;...
79 Paragraphs 13–14 of Recommendation No. 197. For example, to date, national OSH profiles have been prepared
by at least 43 countries referring to Convention No. 187. The list of national OSH profiles is available at:
http://www.ilo.org/safework/areasofwork/national-occupational-safety-and-health-systems-and-
programmes/WCMS_187981/lang--en/index.htm (last updated on 23 Feb. 2015).
80 ILO: Module 3: National OSH Profile and analysis of the national OSH situation, ILO Training Package on
Development of a National Programme of Occupational Safety and Health, Geneva, 2012, p. 3.
81 ibid., p. 5.
Working together to promote a safe and healthy working environment
54 ILC.106/III/1B
156. The national OSH policy process is dependent on access to reliable statistical data.
The compilation of accurate and relevant statistics and their proper analysis is a vital
means of developing and improving a coherent and effective national policy. Information
on the progress achieved is also necessary for the periodic review, which is fundamental
to the cyclical approach to improving OSH outcomes. Tracing progress in the
implementation of the national OSH policy and measuring the impact of the measures
taken to limit and reduce the number of occupational accidents and diseases necessitates
the collection and analysis of data in this regard. 82
157. Accordingly, Convention No. 187 identifies mechanisms for the collection and
analysis of data on occupational injuries and diseases as an important component of the
national OSH system. 83 Recommendation No. 197 further underlines that Members
should seek to facilitate the exchange of OSH statistics and data among relevant authorities,
employers, workers and their representatives in promoting a national preventative safety
and health culture. 84 The importance of compiling and publishing statistics on accidents
and occupational diseases is also reflected in the sectoral instruments on mining 85 and
agriculture. 86 In this respect, the Committee recalls that Convention No. 155 provides for
the annual publication of information on occupational accidents, occupational diseases
and other injuries to health which arise in the course of or in connection with work, and
that the Protocol of 2002 to Convention No. 155 contains detailed requirements regarding
the collection and publication of data. Data should be disaggregated, where possible. 87
158. The Committee further recalls that the conclusions on the Conference discussion on
the 2009 General Survey highlighted the numerous purposes for which accurate data can
be used. The conclusions recommended that action be taken to develop systems for the
recording and notification of occupational accidents and diseases to: (i) prioritize measures
and economic sectors in special need of attention; (ii) measure progress and the
effectiveness of occupational safety and health systems; (iii) continuously update the list
of occupational diseases; and (iv) assist enterprises to prevent work-related accidents and
diseases. 88
159. The availability of accurate statistical information is also key to the development and
implementation of a national OSH programme and should be included in the national
profile summarizing the OSH situation on which the programme is based. 89 As
highlighted in the preparatory work for Convention No. 187, timely OSH data are
necessary to design effective prevention measures, as they help to identify the
82 ILO: General Survey on occupational safety and health, 2009, paras 59, 133 and 134.
83 Article 4(3)(f) of Convention No. 187.
84 Paragraph 5(d) of Recommendation No. 197.
85 Article 5(d) of Convention No. 176.
86 Paragraph 3(2)(b) of Recommendation No. 192.
87 The statistics of occupational accidents, occupational diseases and dangerous occurrences should be classified at
least according to branch of economic activity and, as far as possible, according to: (a) significant characteristics
of workers, such as status in employment, sex, age or age group; and (b) significant characteristics of the enterprise.
ILO: Recording and notification of occupational accidents and diseases. An ILO code of practice (Geneva, 1996),
para 9.1.1.
88 ILO: Conference Committee on the Application of Standards: Extracts from the Record of Proceedings, ILC,
98th Session, 2009, para. 209.
89 Paragraph 14(f) of Recommendation No. 197.
Policy and legal framework
ILC.106/III/1B 55
interventions with the greatest chance of success. 90 The programme must contain
objectives to be achieved, and means to assess progress, 91 including targets and indicators
of progress. Effective data collection and analysis is vital for the formulation of both short-
and long-term objectives and the setting and assessment of targets. 92 Moreover, as
indicated in the 2006 General Survey on labour inspection, OSH data are essential to
enable the labour inspectorate to carry out its preventive mandate, and particularly for the
identification of high-risk activities and the most vulnerable categories of workers. 93
Sustainable Development Goal Indicators
160. The new SDG Indicators highlight the crucial importance of the collection and
analysis of OSH data. The SDGs recognize that OSH is a vital component of decent work.
Accordingly, for SDG target 8.8, concerning the protection of labour rights and promoting
safe and secure working environments for all workers, one of the two indicators selected
relates to OSH: Indicator 8.8.1 is “frequency rates of fatal and non-fatal occupational
injuries, by sex and migrant status”. The indicator was selected because frequency rates
of occupational injuries provide an indication of the extent to which workers are protected
from work-related hazards and risks, and this information is necessary for planning
preventive measures. 94
161. The global indicator framework is essential to monitoring the implementation of the
SDGs. The United Nations Secretary-General has been mandated to prepare an annual
progress report on the SDGs to support follow-up and review at the High-level Political
Forum on Sustainable Development. The report will be based on data produced by national
statistical systems and information collected at the regional level. While the collection of
adequate disaggregated data is essential to monitor progress, this will pose a challenge for
many national statistical systems. In this regard, the Committee draws attention to the
prescriptions contained in the Protocol of 2002 to the Occupational Safety and Health
Convention, 1981, with respect to the collection and compilation of national statistics as
a valuable tool in efforts to collect adequate data for indicator 8.8.1 to measure progress
on the SDGs, and in particular the requirements that statistics be representative of the
country as a whole and be established following classification schemes that are
compatible with the latest relevant international schemes.
Collection, analysis and exchange
of data in practice
162. The Committee recalls that the conclusions of the Conference discussion of the 2009
General Survey recommended that action be taken to collect, evaluate and disseminate
statistical data on OSH. The conclusions invited all parties concerned, including
90 ILO: Promotional framework for occupational safety and health, Report IV(1), ILC, 93rd Session, Geneva, 2005,
para. 83.
91 Article 1(c) of Convention No. 187.
92 ILO: Promotional framework for occupational safety and health, Report IV(1), ILC, 93rd Session, Geneva, 2005,
paras 60 and 83.
93 ILO: General Survey on labour inspection, 2006, para. 118.
94 UNSTATS: Metadata compilation for Goal 8 – Promote sustained, inclusive and sustainable economic growth,
full and productive employment and decent work for all (7 Mar. 2016), p. 14. Available at:
http://unstats.un.org/sdgs/files/metadata-compilation/Metadata-Goal-8.pdf [last accessed 17 Jan. 2017].
Working together to promote a safe and healthy working environment
56 ILC.106/III/1B
governments, employers and workers and their organizations, public officials and labour
inspectors and the ILO and its field offices, to cooperate in this regard. 95
163. The Committee welcomes the fact that the large majority of countries have indicated
that they have some mechanisms for the collection and publication of OSH data and have
provided statistical information in this respect, 96 including specific information on the
construction, 97 mining 98 and agriculture sectors. 99 Numerous governments reported that
they publish this information annually, 100 including in the annual labour inspection report,
as required by the Labour Inspection Convention, 1947 (No. 81). 101 For example, in
Uruguay, employers are requested both to keep a record of occupational accidents and to
transmit this accident information to the State Insurance Bank. This Bank is the entity in
charge of collecting and publishing the information and it is connected online with the
labour inspector and social security departments, which receive immediate notification of
occupational accidents. In Algeria, the notifications of occupational accidents and diseases
must be sent to the National Social Insurance Scheme, which keeps a record of them and
sends a copy to the labour inspection department. The National Social Insurance Scheme
studies the information collected and publishes a statistical analysis in its annual report. In
Latvia, all reports on accidents at work are registered by the State Labour Inspectorate and
occupational diseases are registered by the national Occupational and Radiation Medical
Centre, which communicates the information to the State Labour Inspectorate. The State
Labour Inspectorate is the entity in charge of collecting and analysing the data and it
publishes statistical information in its annual report.
Difficulties in the collection, analysis and exchange of data, and measures to overcome these difficulties
164. Certain governments reported difficulties in the collection and analysis of
information, indicating that OSH information is not regularly compiled, 102 and identifying
obstacles to the exchange of such data among the various responsible authorities. 103
Certain governments indicated that they are taking specific measures to improve the
95 ILO: Conference Committee on the Application of Standards: Extracts from the Record of Proceedings, ILC,
98th Session, 2009, para. 209.
96 For example, Australia, Bahrain, Belarus, Belgium, Bosnia and Herzegovina, Bulgaria, Burkina Faso, China,
Chile, Colombia, Costa Rica, Croatia, Cyprus, Ecuador, Ethiopia, Denmark, Dominican Republic, Estonia,
Georgia, Greece, Guatemala, Hungary, Iceland, Iraq, Israel, Japan, Latvia, Lithuania, Republic of Moldova, Mali,
Madagascar, Mexico, Montenegro, Morocco, Myanmar, Namibia, New Zealand, Norway, Pakistan, Panama, Peru,
Poland, Russian Federation, Saudi Arabia, Senegal, Singapore, Spain, Suriname, the former Yugoslav Republic of
Macedonia, Tunisia, United Kingdom, Ukraine, Uruguay and Zimbabwe.
97For example, Australia, Belarus, Belgium, Bosnia and Herzegovina, Bulgaria, Estonia, Ethiopia, Georgia,
Greece, Hungary, Iceland, Japan, Latvia, Lithuania, Mexico, Myanmar, Namibia, Netherlands, New Zealand,
Peru, Poland, Russian Federation, Saudi Arabia, Spain and the former Yugoslav Republic of Macedonia.
98 For example, Australia, Belarus, Belgium, Bulgaria, Chile, China, Estonia, India, Japan, Latvia, Lithuania,
Mexico, Namibia, New Zealand, Peru, Russian Federation, Saudi Arabia, Spain and the former Yugoslav Republic
of Macedonia.
99 For example, Australia Belarus, Belgium, Bosnia and Herzegovina, Bulgaria, China, Estonia, Ethiopia,
Hungary, Iceland, Japan, Latvia, Lithuania, Madagascar, Mexico, Namibia, New Zealand, Norway, Peru, Poland,
Saudi Arabia, Spain and the former Yugoslav Republic of Macedonia.
100 For example, Australia, Algeria, Chile, Greece, Hungary, Israel, Latvia, Republic of Moldova, Poland, Saudi
Arabia, Singapore (biannually), Uruguay, Viet Nam and Zimbabwe.
101 Articles 20, 21(f) and (g) of Convention No. 81. For example, Greece, Latvia and the Republic of Moldova.
102 For example, Honduras and Uganda.
103 For example, Namibia.
Policy and legal framework
ILC.106/III/1B 57
collection of information, including the Government of Kenya with respect to the
development of an OSH Data Management System to facilitate the exchange of statistics,
and the Government of South Africa, concerning the launching in 2015 of a new system
to collect labour statistics from the provinces, including on occupational accidents and
diseases.
165. A number of workers’ organizations highlighted difficulties in relation to the
collection of statistical information. The Canadian Labour Congress (CLC) indicated that
the accounting of fatalities in Canada differs from one jurisdiction to another, with
13 different incongruent accounting systems that are not periodically reviewed or
improved. The Central Organization of Finnish Trade Unions (SAK), the Confederation
of Unions for Professional and Managerial Staff in Finland (AKAVA) and the Finnish
Confederation of Professionals (STTK) indicated that monitoring and assessment of the
activities of the OSH authorities in Finland is made more difficult due to the lack of
detailed statistical information on occupational accidents and diseases. The New Zealand
Council of Trade Unions (NZCTU) indicated that there is no centralized data centre in
New Zealand and that the Government is only able to provide a broad estimate of the
number of deaths annually from occupational diseases.
166. Moreover, certain organizations highlighted that there is no up-to-date or reliable
statistical information in their countries, including the National Confederation of United
Independent Unions (CONUSI) and the Autonomous Confederation of Workers’ Unions
(CASC) in Panama, the National Confederation of Dominican Workers (CNTD), the
National Confederation of Trade Union Unity (CNUS) in the Dominican Republic, and
the Sudanese Businessmen and Employers Federation (SBEF) in Sudan.
167. In this respect, the Committee notes that the lack of data in many countries
continues to be a significant constraining factor for improvements with respect to OSH.
Recalling the fundamental importance of reliable statistical information on OSH, the
Committee encourages all governments, in cooperation with workers’ and employers’
organizations, to pursue their efforts to strengthen the production and dissemination of
OSH statistics. The Committee reminds governments that they can avail themselves of
the technical assistance of the Office in this regard.
Construction, mining and agriculture
168. The Committee has often noted the insufficiency or absence of statistical information
concerning the construction sector. 104 The mobile and temporary nature of certain
construction sites can pose a specific obstacle in this respect. Paragraph 10 of
Recommendation No. 175 provides that national laws or regulations should provide for
the notification to the competent authority of construction sites of such size, duration or
characteristics as may be prescribed. In this respect, the Committee has noted that
databases on construction sites have been established in Austria and Uruguay, and that in
Uruguay, labour inspectors are empowered to close down unregistered sites. 105
104 See for example, Algeria – CEACR, Convention No. 167, direct request published in 2016; Finland – CEACR,
Convention No. 167, direct request, published in 2016; Lesotho – CEACR, Convention No. 167, direct request,
published in 2016; Kazakhstan – CEACR, Convention No. 167, direct request, published in 2015; Mexico –
CEACR, Convention No. 167, observation, published in 2015; Slovakia – CEACR, Convention No. 167, direct
request, published in 2015.
105 Austria – CEACR, Convention No. 81, direct request, published in 2017; Uruguay – CEACR, Convention
No. 167, observations, published in 2010 and 2012.
Working together to promote a safe and healthy working environment
58 ILC.106/III/1B
169. The Committee has also noted difficulties relating to accurate statistics in the mining
sector, specifically in relation to small-scale mining. 106 The Committee recalls that the
Tripartite Meeting on Social and Labour Issues in Small-scale Mines noted the wide
acknowledgement that accidents in small-scale mines are under-reported or not reported
at all, as illegal operations do not wish to draw attention to themselves, and that there is
frequently no compensation for injuries, reducing the likelihood of accidents being
reported. 107
170. In agriculture, the Committee has noted that the availability of reliable statistics in
the sector remains a challenge, 108 but that efforts have been undertaken by a number of
member States in this regard. It has noted, for example, the efforts to gather information
on agricultural operations, their location and type of activity in Albania, 109 the mapping
of all enterprises in Cote d’Ivoire, 110 the implementation of an electronic register
(e-register) for the publication of an annual report with data disaggregated by economic
activity, including agriculture in Croatia 111 and the operation of an electronic labour
information system to compile data, including notifications of occupational accidents and
cases of occupational disease in agriculture in Guatemala. 112
Mechanisms for the collection of data on
occupational injuries and diseases
171. Convention No. 187 provides that mechanisms for the collection and analysis of data
should take into account the relevant ILO instruments. 113 In this connection, Article 7 of
the 2002 Protocol to Convention No. 155 provides that statistics shall be established
following classification schemes that are compatible with the latest relevant international
schemes established under the auspices of the ILO or other competent international
organizations. The Committee recalls that the Resolution concerning statistics of
occupational injuries (resulting from occupational accidents), adopted by the Sixteenth
International Conference of Labour Statisticians in 1998 includes precise operational
definitions of the main concepts for statistical purposes, with classification schemes
detailed in the annexes to the resolution. 114
106 Mexico – CEACR, Convention No. 155, observation, published in 2016.
107 ILO: Report for discussion at the Tripartite Meeting on Social and Labour Issues in Small-scale Mines (Geneva
1999), p. 13.
108 See, Albania – CEACR, Convention No. 129, direct request, published in 2014; Plurinational State of Bolivia
– CEACR, Convention No. 129, direct request, published in 2013; Kenya – CEACR, Convention No. 129, direct
request, published in 2013; Morocco – CEACR, Convention No. 129, direct request, published in 2015.
109 Albania – CEACR, Convention No. 129, direct request, published in 2014.
110 Cote d’Ivoire – CEACR, Convention No. 129, observation, published in 2014.
111 Croatia – CEACR, Convention No. 129, direct request, published in 2014.
112 Guatemala – CEACR, Convention No. 129, direct request, published in 2015.
113 In addition to data on occupational injuries and diseases, the preparatory work highlighted that useful
information to analyse the national situation also includes the prevalence of hazardous work, results of working
environment monitoring, health surveillance of workers and results of government inspections and investigations.
Information on OSH training, such as numbers of workers, supervisors and specialists trained, is also valuable for
evaluating OSH capacity at the enterprise level. ILO: Promotional framework for occupational safety and health,
Report IV(1), ILC, 93rd Session, Geneva, 2005, paras 60–62.
114 Resolution concerning statistics of occupational injuries (resulting from occupational accidents), adopted by the
Sixteenth International Conference of Labour Statisticians (October 1998).
Policy and legal framework
ILC.106/III/1B 59
172. The Committee notes that there remains enormous heterogeneity in the methods used
by countries to derive statistics on occupational injuries, which hinders comparisons
across countries. As noted in the 2009 General Survey, there are two main sources of
national data – the reporting of accidents and diseases by employers, and compensation
claims made by workers. 115 According to the information available (for 2010 and
thereafter) in the ILO’s central statistics database (ILOSTAT), the majority of countries
derive this information from administrative records (approximately 80 per cent of
countries for which data on occupational injuries are available), most often from labour
inspectorate records or insurance records. In the remaining countries, establishment
surveys or censuses, official estimates and labour force surveys are used as sources for
statistics on occupational injuries. The paragraphs 116 below focus on the most commonly
used records, including notification and information from social security institutions.
Recording and notification
173. Systems for the recording and notification of accidents and disease were examined
in detail in the 2009 General Survey in its analysis of the implementation of the Protocol
of 2002 to Convention No. 155, including recording requirements and procedures,
notification requirements, and the scope and coverage of these requirements. 117 The
importance of such systems is also reflected in the sectoral instruments. Convention
No. 167 requires national laws or regulations to provide for the reporting to the competent
authority within a prescribed time of occupational accidents and diseases, 118 while
Convention No. 176 requires laws and regulations to provide for procedures for reporting
and investigating fatal and serious accidents, as well as dangerous occurrences and mine
disasters. 119 With respect to agriculture, Recommendation No. 192 provides that the
competent authority should establish procedures for the recording and notification of
occupational accidents and diseases in that sector. 120
174. In this respect, the majority of countries reported that the employer is required to
notify the competent authority of occurrences of occupational accidents and diseases, 121
and many require the employer to keep a record of such occurrences, 122 consistent with
the findings of the 2009 General Survey. 123 Some countries also indicated that employers
have reporting obligations with regard to dangerous occurrences, 124 and the Governments
of Australia, Peru and Viet Nam referred to specific provisions in this regard applying to
the mining sector. Moreover, several countries indicated that an online notification system
115 ILO: General Survey on occupational safety and health, 2009, para. 135.
116 Paragraphs 173–186.
117 ibid., Paragraphs 223–261.
118 Article 34 of Convention No. 167.
119 Article 5(2)(c) of Convention No. 176.
120 Paragraph 3(2)(b) of Recommendation No. 192.
121 For example, Algeria, Bangladesh, Bahrain, Belarus, Bosnia and Herzegovina, Burkina Faso, Costa Rica,
Cyprus, Cuba, Dominican Republic, Greece, Iceland, Iraq, Israel, Japan, Hungary, Lithuania, Mali, Madagascar,
Mexico, Montenegro, Myanmar, Namibia, Netherlands, Nicaragua, Peru, Poland, Qatar, Republic of Korea,
Republic of Moldova, Sudan, Suriname, the former Yugoslav Republic of Macedonia, Tunisia, Turkmenistan,
United Kingdom, United Republic of Tanzania, Uruguay, Uzbekistan, Bolivarian Republic of Venezuela and
Viet Nam.
122 For example, Australia, Iceland, Hungary, Mauritius, Namibia, Philippines, Poland, Russian Federation, Sri
Lanka, Suriname, Uruguay and Zimbabwe.
123 ILO: General Survey on occupational safety and health, 2009, para. 253.
124 For example, Australia, Mauritius, Namibia, Peru, Seychelles, South Africa, United Kingdom and Viet Nam.
Working together to promote a safe and healthy working environment
60 ILC.106/III/1B
is in place, which facilitates the fulfilment of reporting obligations by employers, as well
as the recording of data. 125 Countries require notification to different bodies, including
the Ministry of Labour or the central OSH body, 126 the labour inspectorate (as required
by Article 14 of Convention No. 81) 127 or the relevant social security or social insurance
institution. 128 Some countries also specifically regulate the provision of information
concerning notified accidents and diseases to workers and their representatives, 129 as
provided for in Article 3(a)(ii) of the 2002 Protocol. A number of countries also require
physicians or other health care providers to notify the competent authority of occupational
accidents and diseases. 130
175. Certain workers’ organizations highlighted difficulties with respect to the
implementation of these requirements in practice. For example, the Autonomous
Confederation of Workers’ Unions (CASC), the National Confederation of Dominican
Workers (CNTD) and the National Confederation of Trade Union Unity (CNUS) reported
that employers in the Dominican Republic often prefer to cover the cost of medical
services rather than reporting occupational accidents, which affects the recording of
occupational accidents and diseases. The joint observations of the Building and Wood
Workers’ International (BWI) and the Construction and Building Materials Industry
Workers’ Union of Ukraine (CBMI) indicated that the resolution concerning the recording
of occupational injuries, diseases and accidents in the Ukraine is consistently violated, as
employers regularly conceal accidents. The Canadian Labour Congress (CLC) indicated
that only 60 per cent of employers in Canada submit the annual hazardous occurrence
report form, and that employers who do not do so face no penalties. The General Union of
Workers (UGT) indicated that employers in Spain sometimes hide the occurrence of
accidents. The Single Confederation of Workers of Colombia (CUT) referred to a lack of
reporting of occupational diseases in Colombia and indicated that workers who are not
included in the system of occupational risks or by occupational accident insurance are not
covered by the system for recording accidents and diseases. The New Zealand Council of
Trade Unions (NZCTU) indicated that the system in New Zealand for notifying and
recording occupational accidents and, in particular, diseases, is poor and that there is
significant under-reporting. The National Confederation of United Independent Unions
(CONUSI) indicated that an information system for OSH has been developed in Panama,
but its implementation remains problematic as it relies on data from employers, which can
be unreliable, and workers fear reprisals for reporting accidents.
176. The Committee recalls that systems for the recording and notification of accidents
and diseases are instrumental to the collection of the data necessary for developing
preventative action. It encourages governments, in consultation with the most
representative organizations of employers and workers, to ensure that such systems are
established in law and function effectively in practice. This may include undertaking an
examination of the causes of under-reporting, including insufficient knowledge and
125 For example, Denmark, Ecuador, Mexico, Saudi Arabia, Spain, United Kingdom and Bolivarian Republic of
Venezuela.
126 For example, Costa Rica, Hungary, Iceland and Iraq.
127 For example, Bosnia and Herzegovina, Burkina Faso, Cyprus, Greece, Iraq, Lithuania, Mali, Montenegro,
Myanmar, Namibia, Qatar, Spain and Suriname.
128 For example, Albania, Algeria, Burkina Faso, Madagascar, Tunisia and Uruguay.
129 For example, Belarus, Uzbekistan and the Bolivarian Republic of Venezuela.
130 For example, Denmark, Estonia, Germany, Iceland, Norway, Peru and Poland.
Policy and legal framework
ILC.106/III/1B 61
avoidance of insurance costs related to reporting, and then taking proactive measures
to address the difficulties identified.
177. The Committee notes that particular difficulties may arise in the recording and
notification of occupational diseases. Limited reporting may be aggravated by the mixed
causes, including the interaction of workplace and non-workplace factors, and long latency
periods of many occupational diseases, such as occupational cancer, low capacity for
workers’ health surveillance and, in certain countries, difficulties in defining and
recognizing occupational diseases. 131
178. In this respect, certain organizations and governments reported specific difficulties
related to the reporting of occupational diseases, and some countries described the steps
taken to address these issues. For example, the Government of Seychelles indicated that
improving the notification of occupational diseases is a key component of its OSH policy,
including through the development of a list of occupational diseases and an action plan for
their recording, notification and classification. The Government of the Netherlands
reported that the notification of occupational diseases is hampered by the fact that benefits
are not dependent on diseases being work-related, and that it is engaging in discussions
with occupational health specialists to improve notification in this respect. The
Government of Norway stated that, although the reporting of work-related diseases is
mandatory, less than 5 per cent of physicians report work-related diseases to the labour
inspectorate, and that the figures for work-related diseases may therefore not be
representative.
179. The Argentine Building Workers Union (UOCRA) and the General Confederation
of Labour of the Argentine Republic (CGT RA) reported that there is no system for
updating the list of occupational diseases in Argentina, and the Confederation of Workers
of Argentina (CTA Autonomous) indicated that the existing list excludes a
considerable number of occupational diseases. The New Zealand Council of Trade
Unions (NZCTU) indicated that in New Zealand occupational diseases are sometimes
misclassified as having non-occupational causes. The joint observations of the Building
and Wood Workers’ International (BWI) and the Construction and Building Materials
Industry Workers’ Union of Ukraine (CBMI) indicate that the relatively low number of
registered occupational diseases in Ukraine reflects the lack of interest of employers in
conducting medical examinations of employees and identifying occupational diseases.
These observations also highlight that workers sometimes evade medical examinations
that may reveal an occupational illness for fear of losing their job. The American
Federation of Labor and Congress of Industrial Organizations (AFL-CIO) underlined that,
while employers are supposed to record work-related illnesses, the record-keeping system
does a very poor job of capturing occupational illnesses, particularly those that are chronic
in nature. The union added that there is no uniform national requirement for occupational
disease reporting.
180. The Committee recalls the important preventive function of the recording and
notification of cases of occupational disease, as well as suspected occupational diseases,
as an early warning system to prevent future exposure to risks. 132 It recalls in this
respect the useful guidance contained in the Recommendation concerning the List of
131 ILO: Prevention of occupational diseases, Governing Body, 317th Session, March 2013, GB.317/POL/3,
para. 13.
132 ILO: General Survey on occupational safety and health, 2009, para. 232.
Working together to promote a safe and healthy working environment
62 ILC.106/III/1B
Occupational Diseases and the Recording and Notification of Occupational Accidents
and Diseases, 2002 (No. 194). 133
Collaboration with insurance or social security schemes
181. Convention No. 187 emphasizes that collaboration with insurance or social security
schemes is an important component of the national OSH system. 134 This is particularly
relevant for the collection and compilation of accurate statistics on occupational injuries
and diseases. The preparatory work for Convention No. 187 stressed the importance of
fully utilizing the accident and disease data available from social security schemes for
prevention purposes. When the national coverage of such schemes is high, the total
number of accidents and diseases registered is usually much higher than those reported to
the authorities based on the requirements of OSH legislation. 135 Accordingly, data
collected by the social security or accident insurance institutions could provide a better
basis for analysing the national OSH situation. 136
182. In this regard, many countries indicated that accident insurance or social security
institutions are a source of data for occupational accidents and diseases, either as a primary
source or in addition to the notifications made by employers. 137 Certain governments
highlighted the worth of this information, including the Government of Namibia that
reported that the statistical information from the Social Security Commission related to
workers’ compensation normally reveals a higher accident rate than that reported by other
authorities.
183. However, there remains a risk of accidents being under-reported if many workers do
not apply for compensation, or are not covered by the relevant scheme, or if the accident
is covered in practice by the general social security scheme. In this regard, the New
Zealand Council of Trade Unions (NZCTU) indicated that accidents are under-reported in
New Zealand, as many farmers suffering from an occupational injury do not make a claim
to the accident compensation corporation. The National Union of Miners, Metalworkers
and Allied Workers of the Republic of Mexico (SNTMMSSRM) indicated that only
accidents and diseases occurring to workers affiliated to the Mexican Institute of Social
Security (IMSS) are officially recorded, representing only 30 per cent of the economically
active population. The Canadian Labour Congress (CLC) underlined that provincial and
territorial injury and fatality statistics in Canada are based on data maintained by workers’
compensation boards, and that the resulting statistics do not therefore quantify the total
number of injuries and fatalities, but only the number of individuals receiving workers’
compensation for injury or fatality.
184. Moreover, certain organizations highlighted the lack of coordination between social
security bodies and other authorities. The Sudanese Businessmen and Employers
Federation (SBEF) reported a lack of collation of information held by different institutions
in Sudan, including social security bodies. The National Confederation of United
133 In this respect, the following is a relevant ILO tool: ILO: Practical guide on national systems for recording and
notification of occupational disease (Geneva, 2013).
134 Article 4(3) of Convention No. 187.
135 In many countries, social security institutions also provide medical and cash benefits to victims of occupational
injuries or diseases who themselves declare the accident and apply for benefits even if they are not compulsorily
insured by their employer.
136 ILO: Promotional framework for occupational safety and health, Report IV(1), ILC, 93rd Session, Geneva,
2005, para. 67.
137 For example, Cambodia, Bulgaria, Croatia, Chile, Ecuador, Finland, Iceland, Israel, Republic of Korea, Malta,
New Zealand, Poland, Russian Federation, Senegal, South Africa, Sri Lanka, Uruguay and Zimbabwe.
Policy and legal framework
ILC.106/III/1B 63
Independent Unions (CONUSI) emphasized that there is no coordination between the
Social Security Fund and the Ministry of Labour in Panama, which hinders the production
of statistics.
185. The Committee recalls that, even though the coverage may be limited in certain
countries, employment injury compensation schemes by their nature have a reasonably
high rate of reporting. Moreover, as noted in the 2009 General Survey, while insurance
schemes tend to provide more accurate data, their analysis of OSH aspects may be limited
if there is insufficient collaboration with OSH authorities. 138 Consequently, effectively
coordinating the exchange of information between social security and OSH institutions
has great potential to contribute to prevention through increased knowledge about
occupational injuries while at the same time ensuring the protection of the victims of such
accidents or diseases.
186. The Committee encourages governments to improve the system of notification of
occupational accidents and diseases and to strengthen collaboration between insurance
and social security schemes on the one hand, and the authorities responsible for OSH
on the other hand, including with respect to the collection and compilation of accurate
and comprehensive statistical information on occupational accidents and diseases.
138 ILO: General Survey on occupational safety and health, 2009, para. 135.
ILC.106/III/1B 65
Chapter III. Cooperation, responsibilities, duties
and rights of employers and workers
187. Cooperation on OSH at the level of the undertaking between management, workers
and their representatives is an essential element of workplace prevention. Such
cooperation is made possible through a system of defined rights and duties. This Chapter
first examines arrangements for cooperation between employers and workers in the
promotion of OSH, and then turns to the specific roles of employers and workers: their
duties, responsibilities and rights.
1. Cooperation at the level of the undertaking between management and workers and their representatives on safety and health matters
Box 3.1 Cooperation at the level of the undertaking
Article 4(2)(d) of Convention No. 187 provides that:
The national system for occupational safety and health shall include among others:
...
(d) arrangements to promote, at the level of the undertaking, cooperation between management, workers and their representatives as an essential element of workplace-related prevention measures.
188. Convention No. 187 establishes that arrangements promoting cooperation constitute
an essential element of workplace-related prevention measures, and are a core component
of the national OSH system. These arrangements are the only essential component of the
national OSH system that relates specifically to the enterprise level. The other mandatory
components refer to measures at the national level: the normative framework, the
competent authority responsible for OSH and mechanisms for ensuring compliance.
During the first discussion at the Conference leading up to the adoption of the Convention,
the importance of creating a link between the national system and enterprises, where
accidents and ill health actually occurred, was highlighted. 1 It was emphasized that
national systems could only have an impact if they included the promotion of cooperation
between managers and workers at the enterprise level. Arrangements to promote such
cooperation were therefore included in the Convention as an essential element of the
national system. 2
1 ILO: Record of Proceedings No. 18, Report of the Committee on Safety and Health, ILC, 93rd Session, Geneva,
2005, para. 168, p. 18/37.
2 ibid.
Working together to promote a safe and healthy working environment
66 ILC.106/III/1B
189. Article 4(2)(d) of Convention No. 187 reflects the provisions in Convention No. 155
that cooperation at the level of the undertaking is a main sphere of action to be taken into
account in the national OSH policy. 3 As noted in the 2009 General Survey, a majority of
countries require the establishment of structures for cooperation between management,
workers and their representatives at the level of the undertaking, 4 and several countries
also provide for a general obligation to engage in cooperation at the level of the
undertaking on OSH. 5 For example, the Work Environment Act of Sweden provides that
employers and employees must cooperate to create a good working environment, and the
Act also outlines specific structures for this cooperation. 6
190. The strengthening of cooperation at the level of the undertaking has been identified
by several countries as a component of their national OSH policy. For example, the
Government of Kenya reported that the national OSH policy and strategy document
identifies the establishment of bipartite cooperation and consultation mechanisms as a
strategic means and goal to prevent occupational accidents and work-related diseases. The
Government of Sri Lanka reported that its national policy on OSH recognizes as an
objective the establishment and strengthening of OSH committees at the enterprise level
with the participation of the employers, workers and the Ministry of Health.
Methods to facilitate cooperation, including the
establishment and functioning of OSH committees
191. Cooperation on OSH issues at the enterprise level often takes place through the
establishment of occupational safety and health committees. In this regard,
Recommendation No. 197 provides that promoting, at the level of the workplace, the
establishment of joint safety and health committees, in accordance with national law and
practice, is an important component of promoting a national preventative safety and health
culture. 7
192. Although certain countries indicated that the establishment of OSH committees is
voluntary for workplaces of all sizes, 8 or that the establishment of such committees is
limited to permanent workplaces, 9 many governments reported that workplaces of a
certain size are required to have health and safety committees. 10 Certain governments also
provided information on the number of such committees that have been established. For
example, the Governments of Ecuador and Costa Rica indicated that 12,245 and 7,458
OSH committees have been registered, respectively, while the Government of Spain
3 Article 5(d) of Convention No. 155. See ILO: General Survey on occupational safety and health, 2009, paras 205–
214. Article 20 of Convention No. 155 also emphasizes that cooperation between management and workers and/or
their representatives within the undertaking shall be an essential element of organizational and other measures taken
in pursuance of the provisions of the Convention relating to the duties of employers and the arrangements at the
level of the undertaking to ensure the rights and responsibilities of workers.
4 ILO: General Survey on occupational safety and health, 2009, para. 206.
5 For example Finland, Sweden and the United Kingdom.
6 Section 1(a) of Chapter 3 and section 8 of Chapter 6 of the Work Environment Act of Sweden (1977:1160), 1977.
7 Paragraph 5(f) of Recommendation No. 197. Paragraph 12 of Recommendation No. 164 provides further detailed
guidance on the establishment of OSH committees.
8 For example, Cambodia and the United States (at the federal level).
9 For example, Chile and Turkey.
10 For example, Bangladesh, Chile, El Salvador, Guatemala, France, Iceland, Romania, South Africa, Spain and
Syrian Arab Republic.
Cooperation, responsibilities, duties and rights of employers and workers
ILC.106/III/1B 67
indicated that an OSH committee has been established in almost all workplaces with more
than 250 workers and in two-thirds of workplaces employing between 50 and 249 workers.
193. Certain workers’ organizations emphasized the importance of the establishment of
such committees. For example, the Canadian Labour Congress (CLC) indicated that in
Canada, the establishment of a joint health and safety committee with representation from
workers and management creates an internal responsibility system to identify and rectify
the presence of OSH hazards and provides a simple and established mechanism to
cooperate and consult on keeping the workplace safe. The Confederation of Workers of
Argentina (CTA Autonomous) indicated that several collective agreements in
Argentina establish safety and health committees at the workplace. These complement
the legislation in two provinces that provides for the mandatory establishment of such
joint committees.
194. However, the Committee is concerned that several workers’ organizations and an
employers’ organization identified difficulties with respect to the functioning of OSH
committees. In the case of Austria, the Austrian Chamber of Labour (AK) indicated that
previously safety and health committees had been required to meet twice annually, but the
legislation has been amended to reduce this to once a year. The AK underlined that this is
counter to the spirit of Recommendation No. 197 and could mistakenly signal that such
committees are superfluous. The American Federation of Labor and Congress of Industrial
Organizations (AFL-CIO) indicated that in the United States there is no statutory
requirement for safety and health committees under either the OSH Act or the Mine Safety
Act, but that many collective bargaining agreements include requirements for the
establishment of a safety and health committee and some accord workers and their
representatives paid time for these activities. The AFL-CIO stated that, as the number of
workers covered by collective bargaining agreements in the United States is relatively
small, most workers do not have a right to participate in safety and health at the worksite.
The Confederation of National Trade Unions (CSN) stated that the Law on health and
safety at work in Quebec, Canada, provides that a health and safety committee can be
formed in establishments with more than 20 workers in certain identified sectors, including
construction, mines, quarries, chemical production and transport. The CSN emphasized
that this excludes many sectors where primarily women are employed, such as teaching,
health and social services, and excludes these workers from access to the same preventive
tools as in other sectors. The Union of Forestry Department Employees Sarawak (UFES)
indicated that occupational safety and health committees are being established in Malaysia,
but are not operational, and that workers are not free to express their views in such
committees. The Australian Council of Trade Unions (ACTU) indicated that OSH
committees are not mandatory in Australia, and that the process of establishing a
committee can be initiated by the health and safety representatives elected by workers or
at the request of five workers. The ACTU indicated that the estimated number of
workplaces with health and safety committees is quite small outside the building and
construction sector, and that they often only exist in enterprises where unions are present.
The Single Confederation of Workers of Colombia (CUT) indicated that joint committees
on OSH are present in fewer than half of enterprises (44.7 per cent) in Colombia and are
confronted by several issues, including: undue interference by the employer in the
selection of workers’ representatives; the low interest and expertise of members; the lack
of plans of action and resources for their proper functioning; and the lack of monitoring
of their operation by the inspection system. Moreover, the National Confederation of
United Independent Unions (CONUSI) stressed that, although the committees are
established by law, their functioning is not promoted in practice in Panama. In fact, worker
members are not consulted in the decision-making process relating to OSH issues, do not
Working together to promote a safe and healthy working environment
68 ILC.106/III/1B
have access to all areas of the worksite, are not protected against dismissal and, overall,
are not granted enough time to discharge their functions. The Autonomous Confederation
of Workers’ Unions (CASC), the National Confederation of Dominican Workers (CNTD)
and the National Confederation of Trade Union Unity (CNUS) emphasized that joint
committees on OSH in the Dominican Republic are established at the level of the
enterprise mainly where there is a strong presence of workers’ organizations and a
collective agreement in place, and that there are no provisions to protect their members.
In this respect, the Employers’ Confederation of the Dominican Republic (COPARDOM)
highlighted that only those enterprises registered in the database of the Social Security
Fund as large enterprises establish joint committees on OSH, even though they are
compulsory in enterprises with more than 15 workers pursuant to OSH regulations.
However, it indicated that the Ministry of Labour is considering taking measures to ensure
that a higher number of enterprises comply with the regulations.
195. The Committee recalls that cooperation between employers and workers is an
essential principle of OSH, without which no tangible progress in this area can be
achieved. 11 This cooperation is an essential pillar of any national OSH system.
Accordingly, the Committee encourages all governments to take measures to promote
cooperation on OSH at the workplace, including through promoting the establishment
and functioning of OSH committees.
196. As noted in the 2009 General Survey, most countries have established a specific
threshold of the number of employed workers that triggers the requirement for the
establishment of a safety and health committee. 12 The Governments of Colombia, Costa
Rica and Honduras reported that workplaces with more than ten workers are required to
establish an OSH committee, while the Governments of Finland, Germany and Kenya
indicated that the threshold is 20 workers. The Government of Zimbabwe reported that
functional safety committees are a challenge in small to medium-sized enterprises, and
numerous other countries reported that only workplaces with more than 50 workers are
required to established joint OSH committees, including the Governments of Iceland,
Mauritania, Mauritius, Morocco, Pakistan, and Senegal. Some governments indicated
that the threshold differs depending on the sector. For example, the Government of
Burkina Faso reported that the threshold is 30 workers for the industrial sector, public
works, building, mines and quarries, but 100 workers for commercial and administrative
establishments.
197. In examining the application of Convention No. 187, the Committee has consistently
requested governments with thresholds of a certain number of workers for the
establishment of such committees to provide information on the measures that they are
taking to promote cooperation between management, workers and their representatives in
smaller enterprises. 13 Moreover, the Committee has taken note of observations received
from workers’ organizations which emphasize that, by limiting the establishment of safety
11 ILO: General Survey on occupational safety and health, 2009, para. 205.
12 ibid., para. 207.
13 See, for example: Cuba – CEACR, Convention No. 187, direct request, published in 2010; Malaysia – CEACR,
Convention No. 187, direct request, published in 2015; Mauritius – CEACR, Convention No. 187, direct request,
published in 2015; and Turkey – CEACR, Convention No. 155, direct request, published in 2016.
Cooperation, responsibilities, duties and rights of employers and workers
ILC.106/III/1B 69
and health committees to larger workplaces, the majority of workplaces in the country are
excluded, 14 and specifically those workplaces where most accidents occur. 15
198. The Committee notes the challenges of promoting cooperation between management,
workers and their representatives in small and micro-enterprises, and that establishing
bipartite OSH committees may be difficult for such enterprises. In this respect, it notes the
indication by the Australian Chamber of Commerce and Industry (ACCI) that OSH
committees are encouraged as part of consultations, but that flexibility is also important,
taking into account the size and nature of operations.
199. To address the challenge of facilitating cooperation in small enterprises, some
countries have established a system of workers’ OSH representatives for smaller
undertakings. For example, in Iceland, undertakings with between ten and 50 employees
elect a workers’ safety representative. For undertakings with between one and nine
employees, the OSH Administration may decide that the election of safety representatives
is necessary, and in such smaller workplaces the employer has the obligation to collaborate
with employees and their shop steward on health and safety. 16 The Work Environment
Act in Denmark provides that in enterprises with between ten and 34 workers, cooperation
on health and safety shall be organized through a health and safety group composed of one
or more supervisors and one or more elected health and safety representatives, and
enterprises with 35 or more employees shall establish OSH committees comprised of
representatives of both workers and management. In enterprises with between one and
nine employees without a health and safety group, cooperation on health and safety must
occur through regular direct contact and dialogue between the employer, the employees
and any supervisors. At least once a year, the employer shall, together with the employees
and any supervisors, hold a safety and health meeting in order to determine how
cooperation shall proceed in the coming year, assess whether the previous year’s goals
were achieved, set targets for cooperation in the coming year, and discuss whether the
enterprise has enough expertise in the area of health and safety. Records of these meetings
must be kept and made available to the work environment authority. The Government of
South Africa reported on a roving safety representative project in agriculture, in the context
of which safety representatives have been elected and trained for two regions to travel
from farm to farm to promote OSH, advise on OSH issues and undertake workplace checks.
The Government reported that the project has been particularly successful in promoting
participation in small workplaces that are not required under national legislation to have a
designated representative, which is workplaces with fewer than 20 workers.
200. Some countries have taken concrete measures to promote mechanisms in small
enterprises to ensure communication of OSH information and appropriate training for
workers, and to enhance cooperation through workers’ participation. For example, in
Mexico, the System for Integrated Measurement and Advance of Productivity
(SIMAPRO), an ILO programme based on social dialogue among managers, workers and
14 Japan – CEACR, Convention No. 187, direct request, published in 2016.
15 Republic of Korea – CEACR, Convention No. 187, direct request, published in 2015. The Committee noted the
statement of the Federation of Korean Trade Unions that 80 per cent of accidents occurred at workplaces of less
than 50 workers, which were not required to establish OSH committees.
16 Sections 4–6 of Regulation No. 920/2006 on the organization and implementation of health and safety at
workplaces.
Working together to promote a safe and healthy working environment
70 ILC.106/III/1B
unions, has been implemented in SMEs. The programme includes training for employees
and periodic meetings for discussion, including on OSH issues. 17
201. The Committee recognizes the challenges with respect to the implementation of
mechanisms for cooperation in small enterprises. However, it also considers that these
essential preventative mechanisms may be most needed in smaller workplaces, where a
large number of accidents occur. The Committee accordingly encourages all
governments to examine the measures that can be taken to promote cooperation between
employers and workers on OSH issues in SMEs borrowing, where appropriate, from
practices described above.
Construction
Box 3.2 Cooperation in construction
Article 6 of Convention No. 167 provides that:
Measures shall be taken to ensure that there is co-operation between employers and workers, in accordance with arrangements to be defined by national laws or regulations, in order to promote safety and health at construction sites.
202. Convention No. 167 requires that measures be taken to ensure that there is
cooperation to promote safety and health at construction sites and provides that
arrangements for this cooperation must, to some extent, be defined in laws or regulations.
Recommendation No. 175 provides additional guidance that such measures should include
the establishment of safety and health committees representative of employers and
workers, the election or appointment of workers’ safety delegates, the provision of training
for these delegates and committee members and the appointment, by the employer, of
persons to promote safety and health. 18
203. This remains an essential mechanism for safety and health at construction sites today.
In 2015, the Global Dialogue Forum on Good Practices and Challenges in Promoting
Decent Work in Construction and Infrastructure Projects identified that joint health and
safety committees, where they exist, are effective workplace prevention measures and a
mechanism through which the tripartite constituents could promote OSH and workplace
compliance, including the prevention of fatal and non-fatal accidents and diseases. 19
Nonetheless, the construction sector faces particular difficulties in this respect. The
preparatory work for Convention No. 167 highlighted that, while there is a need for greater
cooperation between employers and workers at construction sites, there are certain
obstacles to the establishment of specific mechanisms for this cooperation. In particular,
the presence of numerous on-site employers, the transient nature of construction sites, and
the high rate of labour turnover make the establishment and continuity of joint safety
committees more difficult. 20
204. The Committee notes that some countries have dealt with this issue in a constructive
way. Indeed, numerous countries reported that the general obligations for workplaces to
17 SIMAPRO has been also implemented in other Latin American countries, such as Chile, Cuba and Dominican
Republic. See: http://www.surinamecompete.org/wp-content/uploads/2016/05/SIMAPRO-BROCHURE-ENGLISH.pdf
[last accessed 17 Jan. 2017].
18 Paragraph 6 of Recommendation No. 175.
19 ILO: Global Dialogue Forum on Good Practices and Challenges in Promoting Decent Work in Construction
and Infrastructure Projects: Points of Consensus (Geneva, 2015) (GDFPDWC/2015/6), paras 5 and 14.
20 ILO: Safety and Health in Construction, Report V(1), ILC, 73rd Session, Geneva, 1987, pp. 5, 6 and 12.
Cooperation, responsibilities, duties and rights of employers and workers
ILC.106/III/1B 71
establish cooperation mechanisms applies to the construction sector, and certain countries
reported having specific legislation addressing cooperation in this sector. For example, the
Government of the United Kingdom indicated that the Construction (Design and
Management) Regulations place a duty on the principal contractor to consult and engage
with workers or their representatives on matters connected with the construction project
which may affect their health safety or welfare, 21 and that this duty is in addition to the
general obligation for all employers, including those in the construction industry, to
consult workers or their representatives. The Government of Ecuador referred to the
regulation on safety and health in construction and public works, which requires
employers to establish a joint safety and health committee in workplaces with more than
15 workers, pursuant to the general obligations under national law. 22 The Australian
Council of Trade Unions (ACTU) reported a higher level of workplaces in Australia with
health and safety committees in the building and construction industry than in other sectors,
mainly in larger building and construction projects. The union indicated that consultation
at the workplace level in the construction sector is normally set out in collective
agreements, which supplement and enhance the applicable legislative obligations.
205. The exclusion, in certain national laws, of temporary workplaces 23 from the
requirements relating to structures for the promotion of cooperation on safety and health
issues has a particular impact in the construction sector, where work sites are often
temporary and mobile. In this connection, the Committee emphasizes that the
requirements of the Convention related to the promotion of cooperation between
employers and workers with a view to improving safety and health are not limited to
permanent workplaces.
206. Certain workers’ organizations noted difficulties relating to the establishment of
mechanisms for cooperation in construction. For example, the National Confederation of
Trade Unions of Moldova (CNSM) indicated that, while it is mandatory in the Republic
of Moldova to create OSH committees in construction pursuant to the applicable collective
agreement, only approximately 54 per cent of enterprises in the sector have done so. The
joint observations of the Building and Wood Workers’ International (BWI) and the
Construction and Building Materials Industry Workers’ Union of Ukraine (CBMI)
indicated that OSH committees are not normally established in the construction sector in
Ukraine, and that cooperation and consultation only occur in enterprises with strong trade
unions. The General Union of Workers (UGT) indicated that in Spain only 15 to 20 per
cent of eligible enterprises in the construction sector (those with at least 30 workers) have
established an OSH committee.
207. The Committee strongly encourages all governments to examine measures that
can be taken to promote effective and continuous cooperation at all construction sites,
including measures to overcome the specific constraints faced in the sector, such as the
establishment of specific cooperation mechanisms in temporary and mobile work sites
and those with a high rate of labour turnover.
21 Section14 of the Construction (Design and Management) Regulations No. 51, 2015.
22 Sections 3 and 18 of the Regulation on Safety and Health in construction and public works, 2008.
23 For example, one country reported that OSH committees only have to be established in undertakings where
permanent work is performed for more than six months.
Working together to promote a safe and healthy working environment
72 ILC.106/III/1B
Mining
Box 3.3 Cooperation in mining
Article 15 of Convention No. 176 provides that:
Measures shall be taken, in accordance with national laws and regulations, to encourage cooperation between employers and workers and their representatives to promote safety and health in mines.
208. Convention No. 176 requires measures to be taken to encourage cooperation between
employers and workers. Recommendation No. 183 adds that such measures should include
the establishment of cooperative mechanisms, such as safety and health committees, with
equal representation of employers and workers, and having such powers and functions as
may be prescribed, including powers to conduct joint inspections. Such measures should
also include the consultation of workers and their representatives by the employer in
establishing safety and health policy and procedures. 24
209. The Committee has consistently emphasized the importance of taking measures to
encourage cooperation between employers, workers and their representatives in mining. 25
Many governments indicated that the general obligations to establish cooperation
mechanisms also apply to mines, while several Governments, including those of Argentina,
Mozambique, New Zealand and South Africa, reported the adoption of legislation on safety
and health in mining regulating the issue. For example, the Government of New Zealand
reported that worker participation systems must be developed, implemented and
maintained in all mining operations. Such systems may include, by agreement, site health
and safety representatives and/or site health and safety committees, and a default worker
participation system will apply if no system is in place within the relevant time frame.
210. With respect to the powers of joint OSH committees, several countries indicated that
OSH committees have the function of undertaking joint inspections, as provided for in
Recommendation No. 183. For example, in Paraguay, the functions of workplace OSH
committees include periodically inspecting facilities. 26 The functions of health and safety
committees in Mali encompass carrying out frequent inspections in establishments with a
view to ensuring compliance with OSH requirements. 27 The National Union of Miners,
Metalworkers and Allied Workers of the Republic of Mexico (SNTMMSSRM) indicated
that, in some cases, collective agreements in mining in Mexico regulate OSH measures
and provide specifically for the establishment of joint committees on OSH, which also
perform preventive functions in assessing occupational risks through monthly workplace
visits.
211. With respect to small mines, Recommendation No. 183 emphasizes that the
competent authority should provide specific assistance with a view to encouraging
cooperation and consultation between employers and workers and their representatives. 28
The Committee recalls in this respect that the Tripartite Meeting on Social and Labour
24 Paragraph 31 of Recommendation No. 183.
25 For example, Zambia – CEACR, Convention No. 176, observation, published in 2016.
26 Section 292 of Decree No. 14.390/92, General Technical Regulation on Occupational Medicine and Safety and
Health.
27 Section D.282-6 of Decree No. 96-178/PRM of 13 June 1996 establishing the procedures and provisions of the
Labour Code.
28 Paragraph 5(b)(iii) of Recommendation No. 183.
Cooperation, responsibilities, duties and rights of employers and workers
ILC.106/III/1B 73
Issues in Small-Scale Mines examined the challenges of establishing cooperation in small
mines, 29 and that the resolution adopted by the Meeting calls for the promotion of social
dialogue in small-scale mines, including cooperation with other relevant stakeholders, to
improve working conditions. 30
212. The Committee stresses the importance of encouraging cooperation between
employers and workers and their representatives in the promotion of safety and health
in mines. It encourages governments to take concrete measures to this end, paying
specific attention to the support that can be provided to small mines.
Agriculture
213. Convention No. 184 refers to both the right of workers to be consulted on safety and
health matters and their duty to cooperate with employers in order for the latter to comply
with their obligations. 31 Although the Convention provides that workers have the right to
select representatives in safety and health committees in accordance with national law and
practice, 32 the instruments for this sector do not specifically recommend the establishment
of joint OSH committees, as is the case for the other sectoral instruments examined in this
Survey. During the preparatory work for the instruments, it was highlighted that many
agricultural workplaces do not meet national thresholds for the number of workers
specified for the establishment of such committees. 33
214. In this respect, certain governments reported that the general provisions relating to
consultation and cooperation apply to the agricultural sector, 34 while others indicated that
in practice there is consultation on OSH at the enterprise level in agricultural firms.
Nonetheless, most governments did not provide information on measures to promote
cooperation specifically in this sector, and one government reported that it is not required
to have in place an OSH committee in the agricultural sector. 35
215. The Government of New Zealand reported that, under the new legislation adopted in
2015, a person conducting a business or undertaking is not required to establish a health
and safety representative system in workplaces with fewer than 20 employees that are not
deemed to be high risk, even if requested by an employee. In this respect, the New Zealand
Confederation of Trade Unions (NZCTU) indicated that workers in the agricultural
industry would not be able to request a health and safety representative, as the proposed
definition of high-risk workplaces excludes that sector, despite it being one of the most
dangerous in the country. The Government of New Zealand responded that the person
conducting a business or undertaking would still have to ensure effective worker
participation practices and Business New Zealand stated that in small, low-risk workplaces
all workers would likely be aware of health and safety issues and would be more likely to
cooperate readily in dealing with such matters.
29 ILO: Report for discussion at the Tripartite Meeting on Social and Labour Issues in Small-scale Mines (Geneva,
1999), p. 83.
30 ILO: Resolution concerning the fundamental Conventions of the International Labour Organization and future
activities of the ILO in small-scale mines, adopted by the Tripartite Meeting on Social and Labour Issues in Small-
scale Mines (1999).
31 Articles 8(1)(a) and (b), and 8(2) of Convention No. 184.
32 ibid., Article 8(1)(b).
33 ILO: Safety and Health in Agriculture, Report VI(1), ILC, 88th Session, Geneva, 2000, p. 38.
34 For example, Italy, Spain and the United Kingdom.
35 Japan.
Working together to promote a safe and healthy working environment
74 ILC.106/III/1B
216. Certain trade unions reported further difficulties in the establishment of mechanisms
for cooperation in the agricultural sector. The Canadian Labour Congress (CLC) indicated
that in Canada there are no joint health and safety committees or other formal mechanisms
for cooperation or coordination between workers and management in the agricultural
sector, except in food processing. The National Confederation of Trade Unions of
Moldova (CNSM) indicated that, while pursuant to the sectoral collective agreement the
employer is responsible for the establishment of a health and safety committee and the
training of its members, this has only been partially achieved, as only 61 per cent of units
in the agricultural sector have established such committees in the Republic of Moldova.
217. The Committee recalls the important role of consultation and cooperation in
agricultural enterprises of all sizes in improving OSH outcomes in agriculture and
encourages governments to pursue measures to this end. In this respect, it draws
attention to the practical guidance on cooperation in agricultural undertakings, including
the establishment of OSH committees, contained in the ILO Code of practice on safety
and health in agriculture. 36
2. Employers’ duties and responsibilities with respect to OSH
218. Convention No. 187 emphasizes the importance of having a system of defined rights,
responsibilities and duties for the active participation of employers and workers. As a
promotional framework, it does not contain specific requirements related to employers’
duties, and during the discussions on the instruments it was underlined that these
responsibilities and duties are covered in other OSH Conventions. 37
219. In particular, Convention No. 155 outlines the general duties and responsibilities of
employers with respect to OSH, and the Committee noted in the 2009 General Survey that,
in the member States examined, national legislation explicitly stated that the employer is
fully responsible for the safety and health of workers and is required to take all the
necessary preventive and protective measures to achieve this goal. 38 The responses
received from governments concerning the general obligations of employers reflect
continuity in this regard, and numerous countries provided information on employers’
duties in general. 39 This section examines the specific duties of employers under the three
sectoral Conventions, and the extent to which these provisions are implemented.
Construction
Box 3.4 Duties of employers in construction
Article 7 of Convention No. 167 provides that:
National laws or regulations shall require that employers and self-employed persons have a duty to comply with the prescribed safety and health measures at the workplace.
36 ILO: Code of practice on safety and health in agriculture (Geneva, 2011).
37 ILO: Record of Proceedings No. 18, Report of the Committee on Safety and Health, ILC, 93rd Session, Geneva,
2005, para. 192.
38 ILO: General Survey on occupational safety and health, 2009, para. 173.
39 For example, Bahrain, Bangladesh, Bolivarian Republic of Venezuela, Bulgaria, Costa Rica, Honduras, Israel,
Kenya, Mali, Mauritania, Nicaragua, Romania, Sri Lanka, Syrian Arab Republic, the former Yugoslav Republic of
Macedonia and Togo.
Cooperation, responsibilities, duties and rights of employers and workers
ILC.106/III/1B 75
220. Article 7 of Convention No. 167 is formulated in broad terms. While the Convention
also outlines several specific duties of employers relating to fire precautions, the provision
and maintenance of personal protective equipment and the availability of first aid, 40 most
of the preventive and protective measures required pursuant to Part III of the Convention
do not specifically identify that these measures must be implemented by the employer,
leaving it to national legislation to prescribe the specific obligations in this respect.
221. In practice, as noted above, in most countries, all employers have general duties and
responsibilities concerning safety and health measures, and certain governments
specifically indicated in their reports that these general obligations apply equally to the
construction sector. 41 Other governments reported that national legislation assigns
particular duties to employers in the sector, with specific OSH requirements for
construction sites and the protection of workers against risks particular to the sector. 42 For
example, in Lithuania, employers must comply with OSH laws and regulations and ensure
the tidiness of the construction site, safe worksite layout and the safe use of materials, with
particular regard to the storage of hazardous materials. 43 In Panama, the employer has the
obligation to comply and ensure compliance with the OSH plan, which is elaborated by
the person for whom the construction project is carried out. 44 The legislation concerning
construction in Colombia also establishes specific obligations for employers with regard
to the protection of workers against falls from heights. 45
222. The Committee recalls the importance of prescribing clear responsibilities for
employers with regard to safety requirements in the construction sector, taking into
account the specific risks faced by construction workers.
40 Articles 29, 30 and 31 of Convention No. 167. These specific obligations are analysed in Chapter IV of the
General Survey.
41 For example, Antigua and Barbuda, Chile, Costa Rica, Honduras, Iceland, Japan, Kenya, Morocco, Namibia,
Nicaragua, Romania, Senegal, Sri Lanka and Zimbabwe.
42 For example, Belgium, Bosnia and Herzegovina, Cambodia, Colombia, Cuba, Ecuador, Ethiopia, Finland,
Guatemala, Indonesia, Lithuania, Panama, Peru and South Africa.
43 Section 16 of the Order approving the Regulations on the organization of construction sites (provisions of
approval No. A1-22 /D1-34 of 15 January 2008).
44 Section 18 of Executive Decree No. 2 of 15 February 2008, regulating occupational safety, health and hygiene
in the construction industry.
45 Section 3 of Decision No. 1409 of 2012 issuing safety regulations for protection against falls from heights.
Working together to promote a safe and healthy working environment
76 ILC.106/III/1B
Mining
Box 3.5 Certain responsibilities of employers in mining
Article 7 of Convention No. 176 provides that:
Employers shall take all necessary measures to eliminate or minimize the risks to safety and health in mines under their control, and in particular:
(a) ensure that the mine is designed, constructed and provided with electrical, mechanical and other equipment, including a communication system, to provide conditions for safe operation and a healthy working environment;
(b) ensure that the mine is commissioned, operated, maintained and decommissioned in such a way that workers can perform the work assigned to them without endangering their safety and health or that of other persons;
(c) take steps to maintain the stability of the ground in areas to which persons have access in the context of their work;
(d) whenever practicable, provide, from every underground workplace, two exits, each of which is connected to separate means of egress to the surface;
(e) ensure the monitoring, assessment and regular inspection of the working environment to identify the various hazards to which the workers may be exposed and to assess their level of exposure;
(f) ensure adequate ventilation for all underground workings to which access is permitted;
(g) in respect of zones susceptible to particular hazards, draw up and implement an operating plan and procedures to ensure a safe system of work and the protection of workers;
(h) take measures and precautions appropriate to the nature of a mine operation to prevent, detect and combat the start and spread of fires and explosions; and
(i) ensure that when there is serious danger to the safety and health of workers, operations are stopped and workers are evacuated to a safe location.
223. From the first phase of the preparatory work to Convention No. 176, it was
highlighted that the instrument should assign specific responsibilities to employers with
respect to mine safety. 46 In contrast to Convention No. 167, which does not identify the
actor responsible for implementing most of the preventive and protective measures
required, Convention No. 176 clearly outlines the measures that must be taken by
employers. 47 The paragraphs 48 below focus on the specific obligations outlined in
Article 7(a)–(h) of the Convention. 49 The Convention outlines certain other obligations of
employers, which are examined in Chapter IV below, including: a general obligation
concerning the adoption of protective and preventive measures based on the assessment
of occupational risks and hazards (Article 6 of the Convention) as well as the adoption of
other preventive measures (Articles 8 and 9).
224. The Committee has noted that most ratifying countries have given effect to
Article 7, 50 while others have given effect to certain of the obligations set out in the
46 ILO: Safety and health in mines, Report V(2), ILC, 81st Session, Geneva, 1994, pp. 20–22.
47 In this respect, the Committee notes the observations of the IOE recalling that employer delegates, at the time
Convention No. 176 was adopted, considered that the Convention has flexibility to be adapted to different national
circumstances as it sets out the rights, duties and responsibilities of employers, workers and governments.
48 Paragraphs 224–233.
49 Article 7(i) of Convention No. 176 is analysed in the paragraphs 238–242 below on “Employers’ obligations in
situations of danger to the safety and health of workers”.
50 For example, Austria, Belgium, Bosnia and Herzegovina, Botswana, Brazil, Germany, Ireland, Norway, Poland,
Peru, Spain, South Africa, Sweden and United States.
Cooperation, responsibilities, duties and rights of employers and workers
ILC.106/III/1B 77
Article. 51 In a few cases, the Committee noted that the legislative provisions of ratifying
Members do not expressly assign certain obligations provided for under this Article to
employers. 52 Among non-ratifying Members, many national laws and regulations specific
to mining assign at least a general obligation to the employer for the adoption of preventive
and protective measures. 53
225. Design and construction of mines. With respect to Article 7(a), the preparatory work
for the instruments emphasized the importance for accident prevention of ensuring safe
design, including foreseeing the impact of natural forces on mine plans, and following
design parameters during construction. 54 For example, in the United Kingdom, the mining
regulations provide that the mine operator must take the necessary measures to ensure, so
far is reasonably practicable, that the mine and its equipment are designed, constructed,
equipped, commissioned, operated and maintained so that persons can perform their work
without endangering their own health and safety or that of others. The mine operator must
also develop a health and safety document containing measures concerning the design of
the mine to safeguard health and safety. 55 The regulations on safety and health in mining
in Peru require the mine operator at the exploration and exploitation phases to develop a
mine plan aimed at minimizing safety risks, and the construction of the mine to be in
accordance with the mine plan. The regulations also provide that specific elements of the
mine must be designed taking into account safety and health. 56
226. Commissioning, operation, maintenance and decommissioning of mines. In terms of
precise obligations, the Committee has noted that the legislation in some countries gives
effect to Article 7(b) of the Convention. 57 For example, in Morocco, before starting or
restarting mining activities, the operator of the mine is required to inform the competent
authority and to provide a plan of the site and a report on the activities to be undertaken at
least two months in advance of the date foreseen for the start of the works. Mining
activities can start only after the adoption by the operator of the measures required by the
competent authority. In the case of the decommissioning of the mine, the employer is
required to submit, within the same deadline and together with the same documents
required for the start of activities, a declaration to the competent authority, and must take
any steps requested by the competent authority prior to decommissioning. 58 In South
Africa, the owner of the mine must ensure, as far as reasonably practicable, that the mine
51 Albania – CEACR, Convention No. 176, direct request, published in 2016; Czech Republic – CEACR,
Convention No. 176, direct request, published in 2011; Finland – CEACR, Convention No. 176, direct request,
published in 2016; Lebanon – CEACR, Convention No. 176, direct request, published in 2016; Morocco – CEACR,
Convention No. 176, direct request, published in 2016; Portugal – CEACR, Convention No. 176, direct request,
published in 2016; Philippines – CEACR, Convention No. 176, observation, published in 2015; Slovakia –
CEACR, Convention No. 176, direct request, published in 2015; and Zambia – CEACR, Convention No. 176,
direct request, published in 2016.
52 Philippines – CEACR, Convention No. 176, observation, published in 2015; Zimbabwe – CEACR, Convention
No. 176, direct request, published in 2015.
53 For example, Argentina, Ecuador, Estonia, Republic of Korea, Latvia, Myanmar and Tunisia.
54 ILO: Safety and health in mines, Report V(1), ILC, 81st Session, Geneva, 1994, p. 12.
55 Sections 7 and 9 of the Mines Regulations, 2014.
56 Supreme Decree No. 055-2010-EM approving the Regulations on occupational safety and health and other
supplementary measures in mining.
57 See, for example, Ireland – CEACR, Convention No. 176, direct request, published in 2016; Poland – CEACR,
Convention No. 176, direct request, published in 2015; Spain – CEACR, Convention No. 176, direct request,
published in 2011.
58 Sections 167–169 of Vizierial ruling of 18 February 1938 establishing general regulations on the exploitation of
mines other than fuel mines.
Working together to promote a safe and healthy working environment
78 ILC.106/III/1B
is commissioned, operated, maintained and decommissioned in such a way that employees
can perform their work without endangering their own health and safety or that of any
other person. 59
227. Stability of the ground. As stressed during the preparatory work for the instruments,
“falls of ground” (collapse of the land) are a major cause of loss of life in mines. 60 For
this reason, reflecting the requirement of Article 7(c) of the Convention, the legislation of
numerous countries provides that steps must be taken to maintain the stability of the
ground. 61 In this regard, Recommendation No. 183 outlines the appropriate measures that
should be taken to: monitor and control the movement of strata; provide effective support
for the roof, sides and floor of the mine workings; monitor and control the sides of surface
mines; and ensure that impoundments are adequately designed, constructed and controlled
to prevent danger from sliding material or collapse. In Turkey, the Regulations on OSH in
mining provides that galleries must be regularly checked in terms of ground strength and
supports must be regularly provided with maintenance. Necessary safety measures must
be taken when repairing, changing, erecting or dismantling supports and persons must be
designated as being responsible for each part that requires support. 62 The legislation in
Italy requires employers, before the start of activities, to prepare a report updated every
year on the stability of the ground, also taking into consideration the risk of landslides and
rock falls. 63
228. Two exits underground. The preparatory work for the instruments underlined that
certain dangers, such as the sudden outburst of rock into the mine workings, sometimes
followed by the escape of toxic gases, can trap mine workers miles below ground, and that
there is therefore a need for two exits from workplaces underground. 64 The resulting
obligation of employers concerning exits from underground workplaces outlined in
Article 7(d) of the Convention is reflected in the legislation of several ratifying and non-
ratifying countries. 65 Paragraph 14 of Recommendation No. 183 further provides that
separate means of egress should be as independent of each other as possible. For example,
in Italy, every underground mine or quarry must be designed and built in such a way that,
in case of inaccessibility of a means of egress to the surface, workers can use an alternative
exit. There should be at least two separate means of egress as distant as possible from each
other, and where required by the nature, extent or duration of the operations, employers
must provide workers with underground accommodations with at least two independent
exits. 66 In Cuba, every mine must have at least two main exits that communicate with the
surface to facilitate the circulation of people in case of emergency. The exits cannot lead
to the same external facility. Moreover, every level of an underground mine must have at
59 Section 2.1 of the Mine Health and Safety Act No. 291996.
60 ILO: Safety and Health in Mines, Report V(1), ILC, 81st Session, Geneva, 1994, p. 12.
61 For example, Brazil, Cuba, Ecuador, Italy, Morocco, Peru and Russian Federation. See also, Botswana –
CEACR, Convention No. 176, direct request, published in 2011; South Africa – CEACR, Convention No. 176,
direct request, published in 2010; and United States – CEACR, Convention No. 176, direct request, published in
2010.
62 Annex 3, section 7 of the Regulations on occupational health and safety in mining workplaces, No. 28770 of 19
September 2013.
63 Section 52 of Legislative Decree No. 624/1996.
64 ILO: Safety and Health in Mines, Report V(1), ILC, 81st Session, Geneva, 1994, pp. 21–22.
65 For example, Brazil, Cuba, Italy, Morocco, Peru, Russian Federation and Turkey. See also, United States –
CEACR, Convention No. 176, direct request, published in 2010.
66 Sections 37 and 98 of Legislative Decree No. 624/1996.
Cooperation, responsibilities, duties and rights of employers and workers
ILC.106/III/1B 79
least two different means of communication with the other levels. 67 Similarly, in Morocco,
every mine needs to have at least two means of egress at a minimum distance of 30 metres
from each other and they cannot lead to the same facility. 68
229. Monitoring and assessment of the working environment. Among the measures
necessary to eliminate or minimize risks, Article 7(e) of the Convention requires
employers to ensure the monitoring, assessment and regular inspection of the working
environment. In this regard, the Committee noted that effect is given to this provision in
several countries. 69 In the United Kingdom, the mine operator must: (a) make
arrangements for the systematic inspection of all parts of the mine below ground, including
where people work or pass or which otherwise could have an effect on the health and
safety of persons at work at the mine; (b) divide the mine into districts for the purpose of
inspection; (c) prepare and keep up to date a suitable written scheme for the inspection of
the mine; (d) appoint sufficient competent persons to undertake these activities; (e) ensure
that, where appropriate, suitable written reports are made of inspections and that each
report records significant defects and the steps taken, or proposed to be taken, to remedy
them; and (f) ensure that any proposed steps in a report are taken, provided they are
appropriate. 70 In Morocco, the regulations on mining provide that detailed inspections of
each well where extraction takes place must be carried out at least once a week by a
competent agent recording the results in a special register, and that certain appliances and
facilities must be carefully inspected every day. 71
230. Sufficient ventilation. The fundamental importance of sufficient ventilation in the
prevention of underground explosions and fires was highlighted during the preparatory
work for the instruments, together with the importance of high ventilation rates in the
prevention of occupational diseases linked to certain gases originating from blasting,
diesel engines or emanating from rock strata. 72 Accordingly, Article 7(f) of the
Convention provides that employers shall take measures to ensure adequate ventilation for
all underground workings, and numerous countries reflect this obligation in their
legislative provisions. 73 Paragraph 15 of Recommendation No. 183 adds that appropriate
ventilation should: eliminate or minimize the risk of explosions; ensure adequate working
conditions; and comply with national standards on dusts, gases, radiation and climatic
conditions. For example, in the Russian Federation, safety regulations in coal mines
require specific controls of the mine atmosphere, the results of which are recorded in a
ventilation journal, including an assessment of the air quality and monitoring of methane
concentrations. 74 In Cuba, the mine operator is required to keep up-to-date fundamental
documents, including a general plan of ventilation in underground mines. 75
67 Sections 91(1), 92, 95 and 97: Security in Mining Resolution No. 158/2014.
68 Section 39 of Vizierial ruling of 18 February 1938 establishing general regulations on the exploitation of mines
other than fuel mines.
69 See, for example, Poland – CEACR, Convention No. 176, direct request, published in 2015; and United States
– CEACR, Convention No. 176, direct request, published in 2010.
70 Section 14 of the Mines Regulations No. 3248, 2014.
71 Sections 48, 87, and 97 of Vizierial ruling of 18 February 1938 establishing general regulations on the
exploitation of mines other than fuel mines.
72 ILO: Safety and Health in Mines, Report V(1), ILC, 81st Session, Geneva, 1994, pp. 11 and 16.
73 For example, Brazil, Chile, Colombia, Cuba, Ecuador, Finland, Italy, Morocco, Peru and Russian Federation.
74 Section 10 of Order No. 550 on Safety Regulations in Coal Mines, of 19 November 2013.
75 Section 8 of Security in Mining Resolution No. 158/2014.
Working together to promote a safe and healthy working environment
80 ILC.106/III/1B
231. Drawing up and implementing an operating plan and procedures. In zones
susceptible to particular hazards, 76 employers are required to draw up an operating plan
and procedures, as provided in Article 7(g) of the Convention. The Committee noted that
several countries have implemented this provision in national legislation. 77 For example,
in New Zealand, the senior site executive, appointed by the mining operator, must carry
out an appraisal of the mining operation to identify the principal hazards and ensure there
is a management plan for each principal hazard identified, which could create a risk of
multiple fatalities in a single accident or a series of recurring accidents at the mining
operation. The general purposes of principal hazard management plans are to identify the
nature of such hazards and set out measures for their effective management. The plans are
reviewed at least every two years and audited every three years by an independent external
person engaged and paid by the mine operator. 78 In Peru, the mine operator is required to
prepare every year, or every time there is a change in the system, and keep up to date a
plan of the risks, which includes the annual programme for occupational safety and
health. 79
232. Spread of fires and explosions. Finally, pursuant to Article 7(h) of the Convention,
employers are required to take measures and precautions to prevent, detect and combat the
start and spread of fires and explosions. The national legislation in several countries
reflects this provision of the Convention. 80 For example, in Morocco, operators are
required to take the necessary precautions to combat any outbreak of fire quickly and
efficiently. This includes ensuring that instructions are posted in each worksite indicating
the extinguishing and rescue equipment, and the manoeuvres to be performed in case of
fire. The instructions prescribe periodic tests to confirm that the equipment is in good
condition and to ensure that staff are capable of using it. 81
233. Recognizing the numerous risks present in the mining sector, the Committee
recalls that clear responsibilities for preventative and other measures assigned to the
employer are necessary in order to ensure the conditions for safe operation and a
healthy working environment.
Agriculture
Box 3.6 Duties of employers in agriculture
Article 6(1) of Convention No. 184 provides that:
In so far as is compatible with national laws and regulations, the employer shall have a duty to ensure the safety and health of workers in every aspect related to the work.
76 Paragraph 16 of Recommendation No. 183 identifies certain hazards in this respect.
77 See for example, Botswana – CEACR, Convention No. 176, direct request, published in 2011; and Spain –
CEACR, Convention No. 176, direct request, published in 2011. See also Brazil, New Zealand, Peru and Russian
Federation.
78 Sections 65–91 of the Health and Safety in Employment (Mining Operations and Quarrying Operations)
Regulations, 2016.
79 Supreme Decree No. 055-2010-TR approving the Occupational Safety and Health Regulation and other
complementary measures in mining.
80 For example, Brazil, Finland, Morocco, Peru and the Russian Federation.
81 Section 21 of Vizierial ruling of 18 February 1938 establishing general regulations on the exploitation of mines
other than fuel mines.
Cooperation, responsibilities, duties and rights of employers and workers
ILC.106/III/1B 81
234. Convention No. 184 provides that employers have the duty to ensure the safety and
health of workers in every aspect related to the work, in so far as is compatible with
national laws and regulations. From this duty flows the responsibility to carry out
appropriate risk assessments and adopt measures to ensure that all agricultural activities,
workplaces, machinery, equipment, chemicals, tools and processes under the employer’s
control are safe and comply with prescribed safety and health standards. 82
Recommendation No. 192 adds that measures taken by the employer should include: OSH
services; risk assessment and management measures; measures to deal with accidents and
emergencies; procedures for the recording and notification of accidents and diseases;
appropriate measures to protect persons at or around an agricultural site and the general
environment from risks which may arise from the agricultural activity concerned; and
measures to ensure that the technology used is adapted to climate, work organization and
working practices. 83
235. The phrase “in so far as is compatible with national laws and regulations” was
inserted during the second discussion at the Conference during the development of
Convention No. 184, and was subject to vigorous debate. Several governments felt that a
qualifying phrase was necessary to reflect differences in national legal systems, and this
phrase was inserted after the Committee rejected an amendment to insert the phrase “as
far as is reasonably practicable” in Article 6 of the Convention. 84 The heterogeneity
characterizing the sector and the diversity of national approaches are indeed reflected in
the flexible nature of the Convention.
236. Among ratifying States, the Committee has not noted any particular difficulties with
respect to the application of Article 6(1) of the Convention, and this is likely linked to the
general nature of the obligation outlined in this provision. Certain countries indicated in
their reports that the general obligations of employers with regard to OSH apply equally
to the agricultural sector. 85 Most countries that indicated that there are specific obligations
for employers in agriculture referred to obligations related to the use of pesticides, 86 while
certain countries referred to responsibilities relating to the operation of farm equipment. 87
Some countries also reported other specific obligations of employers in agriculture
established under national legislation. For example, in Austria, employers in the
agricultural sector have the obligation to ensure the safety and health of workers, take all
necessary measures to protect the lives of workers and prevent occupational hazards,
including informing and training workers on occupational hazards, using adequate notices
on risks that cannot be avoided by taking other measures and other specific obligations in
case of serious and imminent danger. 88 In Chile, employers are required to ensure the
safety of the private transportation of seasonal agricultural workers. 89
237. Having regard to the fact that Article 6 of the Convention is formulated in broad
terms to accommodate different national situations, and while recognizing the diversity
82 Article 7(a) of Convention No. 184.
83 Paragraph 5 of Recommendation No. 192.
84 ILO: Record of Proceedings No. 15, Report of the Committee on Safety and Health in Agriculture, ILC,
89th Session, Geneva, 2001, paras 113–123.
85 For example, Germany, Iceland, Namibia and Norway.
86 For example, Chile, Ecuador, Egypt, Georgia, Indonesia, Mexico and Poland.
87 For example, Cuba, Mexico and Poland.
88 Sections 76(a)(1) and (5), and 84 of the Agricultural Labour Act No. 287/1984, as amended on 4 September
2012.
89 Decree No. 20 of 20 June 2001.
Working together to promote a safe and healthy working environment
82 ILC.106/III/1B
in national approaches to legislation addressing safety and health in the agricultural
sector, the Committee underlines the importance of the clear attribution to employers of
duties to ensure the safety and health of workers in every aspect related to their work in
so far as is compatible with national laws and regulations.
Employers’ obligations in situations of danger
to the safety and health of workers
Box 3.7 Duties of employers in situations of danger
Article 12(2) of Convention No. 167 provides that:
Where there is an imminent danger to the safety of workers the employer shall take immediate steps to stop the operation and evacuate workers as appropriate.
Article 7(i) of Convention No. 176 provides that:
Employers shall take all necessary measures to eliminate or minimize the risks to safety and health in mines under their control, and in particular:
...
(i) ensure that when there is serious danger to the safety and health of workers, operations are stopped and workers are evacuated to a safe location.
Article 7(c) of Convention No. 184 provides that:
In order to comply with the national policy referred to in Article 4 of the Convention, national laws and regulations or the competent authority shall provide, taking into account the size of the undertaking and the nature of its activity, that the employer shall:
...
(c) take immediate steps to stop any operation where there is an imminent and serious danger to safety and health and to evacuate workers as appropriate.
238. Related to the right of workers to remove themselves from situations of danger, as
defined in each sectoral Convention, 90 employers have a corresponding duty in such
situations to stop operations and evacuate workers. Convention No. 167 was the first ILO
instrument to provide that employers have an obligation to stop operations and evacuate
workers in situations of imminent danger. While earlier instruments had referred to the
protection of workers from retaliation where they removed themselves from situations of
imminent danger, Convention No. 167 introduced an important obligation on employers
in such situations. With slight modifications, a similar duty was later included in
Conventions Nos 176 and 184.
90 See the below paragraphs 294–298 on “Right of workers to remove themselves from danger”.
Cooperation, responsibilities, duties and rights of employers and workers
ILC.106/III/1B 83
239. With respect to the application of these provisions of the Conventions in practice,
certain countries assign a general obligation in this regard to employers in all sectors. 91
For example, the OSH legislation in Kenya requires the occupier (which includes the
employer) to take immediate steps to stop any operation or activity where there is an
imminent and serious danger to safety and health and to evacuate all persons employed as
appropriate. 92 However, obligations concerning the stoppage of work and evacuation are
often only specified with respect to employers in certain sectors, and particularly in
construction 93 and mining. 94
240. The Committee notes the observations from certain workers’ organizations
concerning the absence of this obligation in law. The American Federation of Labor and
Congress of Industrial Organizations (AFL-CIO) indicated that, in the United States, while
employers are required to protect workers from recognized hazards that are causing or
likely to cause death or serious bodily harm, there is no explicit requirement for employers
to stop work in these situations. The Confederation of Gabonese Free Trade Unions
(CGSL) indicated that the legislation in Gabon does not clearly outline the obligation of
employers in this respect.
241. Moreover, the Committee notes that several ratifying States have experienced
difficulties in implementing the respective Articles of the Conventions, 95 and certain
governments reported that their national legislation does not contain provisions reflecting
this duty. In addition, several governments reported on the duty of employers to take
measures in dangerous situations pursuant to an order of the relevant ministry or the labour
inspectorate, 96 but not in all dangerous situations. Other governments referred to
legislative provisions outlining the obligations of employers in the event of an
occupational accident, 97 rather than an obligation to take measures in dangerous situations
91 For example, Dominican Republic, France, Kenya, Nicaragua, Romania and Spain.
92 Section 6(5) of the Occupational Safety and Health Act 2007.
93 For example, Panama and the Russian Federation.
94 For example, Brazil, Colombia, Mexico and the Russian Federation.
95 Burkina Faso – CEACR, Convention No. 184, direct request, published in 2015; Czech Republic – CEACR,
Convention No. 167, direct request, published in 2011; Guatemala – CEACR, Convention No. 167, direct request,
published in 2016; Lebanon – CEACR, Convention No. 176, direct request, published in 2015; and Ukraine –
CEACR, Convention No. 184, direct request, published in 2016.
96 See, for example, Antigua and Barbuda, Ethiopia and Morocco.
97 For example, Chile, Costa Rica and Cuba.
Box 3.8 Situations of danger giving rise to employers’ duties
as defined in the three sectoral Conventions
Convention No. 167 refers to situations of imminent danger to a worker’s health, while Convention No. 176 refers to a danger that is serious (though not necessarily imminent) to safety and well as health. Convention No. 184 refers to both a serious and imminent danger to a worker’s safety and health. Both Conventions Nos 167 and 184 require that the employer take immediate steps in such situations and evacuate as appropriate, while Convention No. 176 requires that employers take measures to ensure that the operations are stopped and workers evacuated to a safe location. This reflects the distinct nature of mining, where accidents are often a series of events
triggered by an initial incident.
Working together to promote a safe and healthy working environment
84 ILC.106/III/1B
prior to the occurrence of an accident. Further, some countries appear to only assign parts
of this duty to employers, with the requirement to stop operations covering circumstances
that are more circumscribed than those set out in the Conventions. For example, legislation
in certain countries limits the circumstances in which operations must be stopped and
workers evacuated to situations that are not only imminent and serious, but also
“unavoidable”. 98 In other countries, employers are only under the obligation to stop work
operations, but not specifically to evacuate workers. 99
242. In this respect, the Committee clarifies that, under Conventions Nos 167, 176 and
184, employers have the duty to stop the operation and evacuate workers, not only in
unavoidable situations or circumstances in which the competent authority has ordered
measures to be taken, but in all situations of imminent and serious danger. 100 The
Committee underlines that these provisions refer to the obligation to take measures
before (rather than after) the occurrence of an accident, and that the appropriate
implementation of these obligations is indispensable for the prevention of workplace
accidents.
Two or more employers undertaking activities at
one work site: Coordination and cooperation
243. Situations in which two or more employers undertake activities at the same site are
addressed in Conventions Nos 167, 176 and 184, with each Convention prescribing
requirements based on the specificities of each sector. This issue is also addressed in
Article 17 of Convention No. 155, which requires collaboration between employers in
applying the requirements of the Convention. In this regard, the Committee noted in its
2009 General Survey that the issue is specifically regulated in many countries, 101 by
providing for the allocation of joint responsibility between the different employers within
one undertaking, 102 allocating responsibilities through written agreements, 103 or
requiring the establishment of joint committees with representatives of employers
simultaneously engaged in activities in a workplace and of their workers. 104 The
Committee notes the indication by numerous governments that their national legislation
contains provisions, general or sector-specific, requiring cooperation or coordination in
situations where two or more employers operate at the same site. 105
244. Certain workers’ and employers’ organizations also provided information on such
collaboration in practice. The Australian Chamber of Commerce and Industry (ACCI)
98 See, for example, Albania, Romania and Turkey (Act No. 6331 on Occupational Safety and Health, dated 20 June
2012).
99 For example, Serbia (Section 15 of the Law on Occupational Safety and Health).
100 As explained above, imminent danger under Convention No. 167, serious danger under Convention No. 176
and serious and imminent danger under Convention No. 184.
101 ILO: General Survey on occupational safety and health, 2009, para. 175. At that time the Committee referred
to Algeria, Australia, Austria, Belgium, Brazil, Canada, Cyprus, Greece, Hungary, Ireland, Italy, Mauritius,
Portugal, Poland, Romania, Senegal, Spain, Thailand and United Kingdom.
102 ibid., para. 175. At that time the Committee referred to Belarus, El Salvador, Nicaragua, Panama, Turkey and
Uruguay.
103 ibid., para 176. At that time the Committee referred to Belarus, China, Cuba and Poland.
104 ibid., para. 177. At that time the Committee referred to Islamic Republic of Iran, Tunisia and Turkey.
105 For example, Belgium, Finland, Iceland, Republic of Korea, New Zealand, Norway, Panama, Romania, Senegal,
South Africa, Sweden and United Kingdom.
Cooperation, responsibilities, duties and rights of employers and workers
ILC.106/III/1B 85
indicated that in shared workplaces in Australia, the person conducting a business or
undertaking has to consult, cooperate and coordinate activities with all other persons who
have a health or safety duty in relation to the same matter, so far as is reasonably
practicable, and that in shared workplaces where there are multiple persons conducting a
business or undertaking, a master emergency plan can be prepared for use by all relevant
duty holders.
245. The American Federation of Labor and Congress of Industrial Organizations (AFL-
CIO) indicated that in the United States the OSH Administration has a multi-employer
worksite policy under which staffing agencies and host employers may be considered joint
employers and held jointly responsible for safety and health at the worksite. Numerous
enforcement actions have been taken where both the temporary staffing agency and the
host employer have been held responsible for safety and health. Advisory guidelines are
being updated, which include provisions on implementing a safety and health programme
at multi-employer worksites, including worksites where there are contractors,
subcontractors and/or temporary employees, and the union hopes that these guidelines will
help to establish better practices for addressing safety and health at multi-employer
worksites.
246. The following paragraphs 106 examine the duties of employers when there are two or
more employers undertaking activities in construction, mining and agriculture, as well as
cases where these actors include contractors and subcontractors, focusing on the
construction and mining sectors.
Construction
Box 3.9 Two or more employers undertaking activities
simultaneously at one construction site
Article 8(1) of Convention No. 167 provides that:
1. Whenever two or more employers undertake activities simultaneously at one construction site:
(a) the principal contractor, or other person or body with actual control over or primary responsibility for overall construction site activities, shall be responsible for co-ordinating the prescribed safety and health measures and, in so far as is compatible with national laws and regulations, for ensuring compliance with such measures;
(b) in so far as is compatible with national laws and regulations, where the principal contractor, or other person or body with actual control over or primary responsibility for overall construction site activities, is not present at the site, he shall nominate a competent person or body at the site with the authority and means necessary to ensure on his behalf co-ordination and compliance with the measures, as foreseen in subparagraph (a) above;
(c) each employer shall remain responsible for the application of the prescribed measures in respect of the workers placed under his authority.
247. Due to the specific characteristics of the sector, construction sites featuring two or
more employers are common. 107 Accordingly, OSH in the construction industry is closely
linked to the manner in which the relations among the different parties are established and
106 Paragraphs 247 to 272.
107 For example, the Canadian Labour Congress (CLC) reported that multiple employers often undertake activities
simultaneously on construction sites in Canada. The General Union of Workers (UGT) indicated that in Spain
employers create commissions for their coordination in construction.
Working together to promote a safe and healthy working environment
86 ILC.106/III/1B
their functions detailed. 108 The IOE highlighted in this respect that construction comprises
a complex set of related operations, and that due to the complicated multi-trade system,
which takes place on a construction site, safety and health becomes a primary concern.
248. Convention No. 167 provides that, when two or more employers are undertaking
activities simultaneously at one construction site, either the person with actual control or
with primary responsibility over activities must be responsible for coordinating OSH
measures, and for ensuring compliance with such measures. When the principal contractor
(or person with primary responsibility for overall construction activities) is not present at
the site, the Convention requires the nomination of a competent person or body to ensure
coordination and compliance on the latter’s behalf.
249. The Convention provides that the nominated persons must have the authority and
means necessary to ensure the coordination of, and compliance with, prescribed safety and
health measures, which implies that nomination in itself is not sufficient.
250. The Committee has noted that the legislation in several countries reflects the
obligations established in Article 8(1) of the Convention. 109 For example, the Committee
has noted with satisfaction that in Sweden, a person who commissions building or civil
engineering works must appoint a building environment coordinator for the planning and
design, as well as for the conduct of the works. The coordinator is responsible for
coordinating work on preventing risks of occupational illness and accidents at the
workplace to ensure that the parties engaging in activities at the workplace systematically
apply the regulations and a work environment plan. 110
251. European Union Member States generally follow the provisions of Council Directive
92/57/EEC of 24 June 1992 on the implementation of minimum safety and health
requirements at temporary or mobile construction sites, which requires the appointment of
a coordinator for safety and health matters for any construction site on which more than
one contractor is present. 111 Numerous other countries also require the appointment of a
coordinator. 112 For example, the rules on the minimum safety and health requirements in
Iceland provide that one or more coordinators for safety and health matters have to be
appointed when there is more than one contractor at the worksite, and a safety and health
plan must be drawn up if there are more than ten employees or if the construction site is
considered dangerous. Coordination should not affect the responsibility of individual
employers. 113 Similarly, in Senegal, the site manager has to appoint one or more OSH
coordinators for a construction site where there is more than one contractor. 114
252. The legislation in several countries requires only a certain level of collaboration in
the organization of OSH activities and cooperation in the implementation of safety and
108 ILO: Inspecting occupational safety and health in the construction industry (International Training Centre,
2009), p. 37.
109 See, for example, Denmark – CEACR, Convention No. 167, direct request, published in 2007; Panama –
CEACR, Convention No. 167, direct request, published in 2016; Sweden – CEACR, Convention No. 167, direct
request, published in 2009; and Uruguay – CEACR, Convention No. 167, direct request, published in 2015.
110 Sections 6–7 of the Work Environment Act (1977:1160), 1977.
111 ILO: General Survey on occupational safety and health, 2009, para. 175. For example, Belgium, Finland,
France, Poland, Sweden and United Kingdom.
112 For example, Iceland, Senegal and the former Yugoslav Republic of Macedonia.
113 Section 3(1) of Rules No. 547/1996 on the minimum safety and health requirements at temporary or mobile
constructions sites.
114 Sections 1–5 of Decree No. 2006-1249 of 15 November 2006 fixing the minimum safety and health requirements
for temporary or mobile construction sites.
Cooperation, responsibilities, duties and rights of employers and workers
ILC.106/III/1B 87
health requirements between employers present at the same work site. 115 The legislation
in certain countries establishes an obligation for employers to inform each other about
occupational hazards and the measures taken to prevent them, 116 while in other countries
collaboration is facilitated through the creation of a consultation body concerning safety
and health. 117
253. Many construction sites are characterized by work being undertaken by numerous
different parties, including primary contractors, subcontractors and intermediaries. It
is therefore essential that, in accordance with the Convention, one party (the principal
contractor or person with actual control for overall construction activities) is
responsible for coordinating safety and health measures and for ensuring compliance
with such measures, with a view to preventing occupational accidents and diseases.
Mining
Box 3.10 Two or more employers undertaking activities
at one mine at the same time
Article 12 of Convention No. 176 provides that:
Whenever two or more employers undertake activities at the same mine, the employer in charge of the mine shall coordinate the implementation of all measures concerning the safety and health of workers and shall be held primarily responsible for the safety of the operations. This shall not relieve individual employers from responsibility for the implementation of all measures concerning the safety and health of their workers.
254. Convention No. 176 assigns the primary responsibility for safety of operations to the
employer in charge of the mine, and requires this employer to coordinate the
implementation of the necessary safety and health measures. This can be particularly
important in mining, as the central employer may be the only constant in a changing work
environment with knowledge of previous workings and the specificities of the site. In this
respect, the Committee has noted that several countries apply Article 12 of the Convention
in their national legislation. 118 For example, in Peru, the Committee has noted with
interest that the legislation establishes the obligation of the employer in charge of the
facilities in which the activities are performed to ensure compliance with OSH standards
by contractors, subcontractors and special service enterprises undertaking activities in
mines. 119 In Iceland, the mining regulations provide that, where workers from several
undertakings are present at the same workplace, each employer shall be responsible for all
matters under his control. The employer who is in charge of the workplace shall coordinate
the implementation of all measures concerning the safety and health of workers and shall
state, in the safety and health document, the objectives of such coordination and the
115 For example, Angola, Burkina Faso, Cameroon, El Salvador, France, Guinea, Republic of Moldova, Niger,
Romania and Uganda.
116 For example, Bahrain, Bulgaria, Burkina Faso, Mauritius, Poland, Portugal, Romania, South Africa,
Switzerland and United Kingdom.
117 For example, Republic of Korea.
118 See Philippines – CEACR, Convention No. 176, observation, published in 2015; Peru – CEACR, Convention
No. 176, direct request, published in 2015; and Ukraine – CEACR, Convention No. 176, direct request, published
in 2016.
119 See Peru – CEACR, Convention No. 176, direct request, published in 2015.
Working together to promote a safe and healthy working environment
88 ILC.106/III/1B
measures and procedures for its implementation. 120 In Mozambique, mining operations
must be preceded by an OSH plan that identifies the person responsible for coordinating
the implementation of OSH measures of other companies operating at the same time,
without reducing the responsibility of each employer towards the workers. 121
255. In some countries, the national legislation only requires collaboration between
several employers undertaking activities at the same mine in the implementation of
measures concerning the safety and health of workers, but does not attribute primary
responsibility to one person in particular. 122
256. In light of the particular risks faced in the sector, in accordance with Convention
No. 176, the employer in charge of a mine shall be held primarily responsible for the
safety of the operations, and must coordinate all measures concerning safety and health.
This does not relieve individual employers from their duties, as they must remain
responsible for the implementation of all measures concerning the safety and health of
their workers.
Agriculture
Box 3.11 Two or more employers undertaking activities
at one agricultural workplace
Article 6(2) of Convention No. 184 provides that:
National laws and regulations or the competent authority shall provide that whenever in an agricultural workplace two or more employers undertake activities, or whenever one or more employers and one or more self-employed persons undertake activities, they shall cooperate in applying the safety and health requirements. Where appropriate, the competent authority shall
prescribe general procedures for this collaboration.
257. In an agricultural workplace where two or more employers undertake activities,
Convention No. 184 requires employers to cooperate in applying safety and health
requirements. This provision mirrors Article 17 of Convention No. 155 but, in contrast
with Article 8(1)(c) of Convention No. 167 and Article 12 of Convention No. 176, does
not mention the responsibility of individual employers. Convention No. 184 also requires
collaboration among employers undertaking activities non-simultaneously. This was
clarified during the preparatory work for the Convention, as the relationship of two or
more employers in agriculture is often a sequence of interdependent activities that do not
occur literally at the same moment. 123
258. The obligation for cooperation among employers in applying safety and health
requirements is usually contained in general legislation, rather than legislation specifically
regulating the agricultural sector. 124 Article 6(2) of Convention No. 184 provides for the
possibility, where appropriate, for the prescription of collaboration measures by the
competent authority. This allows flexibility, depending on the type of work, and the
120 Section 3(3) of Rules No. 552/1996 on the minimum requirements for improving the safety and health protection
of workers in surface and underground mineral-extracting industries.
121 Decree No. 61/2006. Technical Safety Regulations and Health in Geological Mining Activities.
122 See Albania – CEACR, Convention No. 176, direct request, published in 2016. See also, for example, Republic
of Korea.
123 ILO: Provisional Record No. 15, Report of the Committee on Safety and Health in Agriculture, ILC,
89th Session, Geneva, 2001, paras 134–137.
124 For example, as reported by the Governments of Burkina Faso and Luxembourg.
Cooperation, responsibilities, duties and rights of employers and workers
ILC.106/III/1B 89
preparatory work referred in this regard to the variety of activities at agricultural
undertakings, such as upland cropping, non-industrial forestry industry, aquaculture and
animal husbandry. 125 However, with respect to the form of this cooperation, the
Committee has emphasized in the past that legislative provisions requiring only joint
liability in the case of a breach or accident are not sufficient to give effect to Article 6(2)
of the Convention. The Committee considers that the duty to cooperate in applying safety
and health requirements goes beyond joint liability and requires a proactive approach to
collaboration with a view to preventing the occurrence of accidents. 126
Duties of contractors and subcontractors
259. Situations where there is more than one employer at a workplace can arise through
multiple contractors and subcontractors working at the same enterprise. In many countries,
the mining and construction sectors are characterized by such multi-contractor workplaces.
In this regard, both Convention No. 167 and Convention No. 176 provide that the
obligations of the employer can apply, as the context requires, to the principal contractor,
contractor or subcontractor. The assignment of the obligations of employers to
subcontractors acting as employers is essential for the effective implementation of a
system of defined rights to ensure safe and secure working conditions in these sectors.
260. Several countries indicated in their reports that the same obligations and
responsibilities of employers with regard to OSH apply to contractors and
subcontractors, 127 and in some countries this is explicitly reflected in the national
legislation. 128 For example, in Guatemala, every employer or his representative,
intermediary, supplier, contractor or subcontractor, and other companies, are required to
adopt and implement safety and health measures to protect the life and health of their
workers in the workplace. 129 In Cambodia, contractors are required to observe labour
provisions in the same manner as an ordinary employer. 130
261. In other countries, it is the employers’ responsibility to ensure that contractors and
subcontractors meet their obligations with regard to OSH. 131 For example, in Nicaragua,
contractors and subcontractors must comply with safety and health provisions in relation
to their workers, and it is the obligation of the employer who has hired them to ensure
compliance by such contractors and subcontractors. 132 In Chile, employers must monitor
compliance with OSH rules by contractors or subcontractors. To this end, employers must
implement a management system for safety and health at work for all workers involved,
independent of their specific employment relationship, when there are more than
50 workers overall. To implement this management system, the principal employer should
develop specific regulations for contractors and subcontractors, including at least the
coordination of prevention activities between the different employers, as well as
125 ILO: Safety and Health in Agriculture, Report IV(2A), ILC, 89th Session, 2001, pp. 29–30.
126 Argentina – CEACR, Convention No. 184, direct request, published in 2012.
127 For example, Burkina Faso, Estonia, Hungary, Iceland, Indonesia, Kenya, Lithuania, Mali, Mauritania,
Morocco and Panama.
128 For example, Cambodia, Guatemala and Nicaragua.
129 Section 4 of Government Agreement 229-2014.
130 Section 47 of KRAM of 13 March 1997 on the Labour Law.
131 For example, Chile, Namibia and Nicaragua.
132 Sections 18(9) and 33 of the General Act on Safety and Health at Work No. 618, of 19 April 2007;
sections 8–9 of Act No. 185 issuing the Labour Code, of 5 September 1996.
Working together to promote a safe and healthy working environment
90 ILC.106/III/1B
mechanisms to verify compliance by contractors and subcontractors, and sanctions. 133 In
Namibia, an employer who has entered into an agreement with a contractor to perform
certain tasks has to ensure that the contractor complies with the regulations relating to the
safety and health of workers. 134
262. A number of workers’ organizations provided information on the impact of
contracting and subcontracting on OSH conditions. The Australian Council of Trade
Unions (ACTU) indicated that in Australia subcontractors rarely adhere to all the
provisions of OSH laws, including those relating to consultation, training, representation,
supervision and the provision of personal protective equipment. The Confederation of
National Trade Unions (CSN) indicated that, with respect to the province of Quebec,
Canada, the legislation is not adapted to the protection of workers sent to perform work
for another employer, including under a subcontracting agreement, and that these workers
are often posted to perform dangerous work for which they do not have appropriate
training. The Single Confederation of Workers of Colombia (CUT) indicated that,
although the legislation in Colombia provides that the obligations of the employer apply
to contractors and subcontractors, it is not frequently implemented. The Confederation of
Workers of Argentina (CTA Autonomous) emphasized that the legislative framework
in Argentina allows for the subcontracting without imposing any responsibility on the
principal contractor for ensuring compliance by subcontractors with safety and health
regulations.
263. The Committee recognizes that subcontracting can present a challenge in terms of
ensuring compliance with OSH obligations, and ultimately achieving a safe and secure
working environment. It recalls that the arrangements in place for two or more
employers undertaking activities at the same worksite should apply to situations of
multiple contractors and subcontractors. As noted in the 2009 General Survey, the task
of ensuring that an adequate level of safety and health is maintained at worksites,
involving several contractors of all sizes and trades, requires the establishment of
effective mechanisms for collaboration, coordination and communication, as well as the
definition of the respective duties and responsibilities of each of the actors on the site. 135
In this regard, the Committee emphasizes that contracting and subcontracting
arrangements should not prejudice the discharge of the duties of employers and workers
and the enjoyment of their rights. It encourages governments to examine closely what
measures could be taken to ensure that safety and health requirements are met in sectors
and workplaces characterized by multi-contracting and subcontracting. This could
include measures to mandate or promote the coordination of safety and health activities
at the level of the enterprise and clear communication in this regard, and steps to ensure
compliance by contractors and subcontractors with workplace OSH procedures and
arrangements.
Construction
264. Beyond the parties usually involved in a construction project, such as the owner,
designer and constructor, the industry is characterized in many countries by multi-layer
subcontracting systems involving contractors, subcontractors, intermediaries and workers.
In recent decades, the use of a management system of subcontractors has been a growing
tendency. Indeed, in many countries, about 85 per cent of the workers on construction sites
133 Section 66bis of Act No. 16744 establishing rules on occupational accidents and diseases, of 23 January 1968.
134 Section 2(5) of the Labour Act, 1992: Regulations relating to the Health and Safety of Employees at Work,
No. 156/1997.
135 ILO: General Survey on occupational safety and health, 2009, para. 174.
Cooperation, responsibilities, duties and rights of employers and workers
ILC.106/III/1B 91
are subcontracted workers and the subcontracting chain may involve five levels or
more. 136 Considering the specific hazards and risks involved, the size of the construction
site, and the number, complexity and type of construction works being carried out
simultaneously, this situation poses challenges that may compromise the safety and health
of the workers involved. 137
265. Accordingly, the Committee has noted that a number of countries have taken
measures to regulate contracting and subcontracting with regard to OSH in the
construction sector. 138 For example, in Finland, the Committee noted with interest that
the national legislation ensures that enterprises discharge their statutory obligations as
contracting parties and employers when concluding contracts on temporary agency work
or subcontracted labour. 139 In the Republic of Korea, measures have been taken to
strengthen accident prevention in the construction sector, through fostering safety
management in larger construction sites, including contractor–subcontractor cooperation
programmes. 140
266. Recognizing the growing phenomenon of subcontracting in the construction sector,
the national legislation in Spain establishes a series of targeted obligations of contractors
and subcontractors in the sector in order to prevent OSH risks associated with
subcontracting due to insufficient monitoring. These obligations include compliance with
the “health and safety plan” prepared for the construction project and with the instructions
of the safety and health coordinator during the execution of the work. Contractors and
subcontractors are jointly liable for any consequences arising from a breach of the
measures envisaged in the plan and the responsibilities of the coordinator of the project do
not exempt contractors and subcontractors from their own responsibilities. 141
267. In Ecuador, contractors and subcontractors in construction are jointly responsible for
the implementation of the legislation on safety and health for their workers through the
development of prevention and protection measures adjusted to the risks inherent to the
work or service provided. 142 In Peru, contractors and subcontractors in construction must
comply with the plan for safety and health at work of the principal contractor and use it as
a basis for developing their specific plans for their assigned activities. 143 The Autonomous
Confederation of Workers’ Unions (CASC), the National Confederation of Dominican
Workers (CNTD) and the National Confederation of Trade Union Unity (CNUS)
underlined that some construction companies in urban areas in the Dominican Republic
have taken preventive measures, including with respect to contractors and subcontractors,
leading to a considerable reduction in the number of occupational accidents. However, the
136 ILO: Inspecting occupational safety and health in the construction industry (International Training Centre,
2009), pp. 37–38.
137 ibid., p. 39.
138 See for example, Denmark – CEACR, Convention No. 167, direct request, published in 2007; and Panama –
CEACR, Convention No. 167, direct request, published in 2016.
139 Finland – CEACR, Convention No. 167, observation, published in 2011. See Act No. 1233/2006, on contractors
obligations and liability when work is contracted out, of 22 December 2006.
140 Republic of Korea – CEACR, Convention No. 187, direct request, published in 2015.
141 Act No. 32/2006 of 18 October 2006 regulating subcontracting in the construction sector; section 11 of Royal
Decree No. 1627/1997 of 24 October 1997 establishing rules on minimum safety and health standards in
construction.
142 Section 20 of the Regulations on occupational safety and health in construction and public works, Ministerial
Decision No. 174, of 10 January 2008.
143 Section 9 of the National Building Regulations, 2010.
Working together to promote a safe and healthy working environment
92 ILC.106/III/1B
Union of Forestry Department Employees Sarawak (UFES) in Malaysia highlighted that
workers engaged on construction sites where the project has been assigned to
subcontractors lack protection against OSH risks, and may be compelled to work at night
so that the subcontractors can meet their deadlines.
268. Having regard to the specific risks of the construction industry and the
proliferation of subcontracting in the sector, 144 the Committee emphasizes that the
promotion of OSH compliance relies heavily on the adequate allocation of
responsibilities among the parties involved in a construction project. The Committee,
therefore, encourages governments to take measures to regulate the situation of
multiple-contracting, including subcontracting, with regard to OSH obligations, and in
particular the attribution of responsibility to one party for coordinating safety and
health measures and for ensuring compliance with such measures, with a view to
preventing occupational accidents and diseases.
Mining
269. The use of subcontracting in mining is a common feature of many national mining
industries. For example, studies have identified the proliferation of subcontracting in the
mining industries in Lesotho, South Africa and Zambia. 145 This high use of subcontracting
can have a significant impact in terms of the fragmentation of employers’ responsibilities
to ensure the safety and health of workers. This came to light in the aftermath of the 2014
coal mining accident in Soma, Turkey, which claimed the lives of 301 workers. A
subsequent analysis of the mining industry in Turkey found that the establishment of
subcontracting relationships was a mechanism that appeared to be particularly prone to
abuse. Contrary to Turkish legislation, it was frequently used as a mechanism to grant
worse labour conditions, including the neglect of OSH measures. 146 Since the accident,
the Government of Turkey has continued to take measures, in collaboration with the ILO,
to address the significant deficits identified, including the ratification in 2015 of
Convention No. 176. 147
270. With respect to this safety and health challenge, some countries specifically
indicated that their legislation regulates contracting and subcontracting in mining. 148 For
example, contractors in Peru are required to comply with the applicable regulations and
the internal rules on OSH of the mining company for which they provide their services.
Contractors have a shared responsibility with the owner of the company to provide
workers with training and personal protective equipment. The employer in charge has to
ensure compliance with standards by contractors, subcontractors and special service
enterprises in the mine and has to lead the development and implementation of an OSH
144 ILO: Inspecting occupational safety and health in the construction industry (International Training Centre,
2009), pp. 37–38.
145 ILO: Non-standard forms of employment. Report for discussion at the Meeting of Experts on Non-Standard
Forms of Employment. Feb. 2015, para. 33. See also, ILO: Non-standard employment around the world:
Understanding challenges, shaping prospects (Geneva, 2016).
146 ILO: Contractual arrangements in Turkey’s coal mines. Forms, extents, drivers, legal drivers and impact on
OSH, 2016, p. 63.
147 Turkey – CEACR, Convention No. 155, observation, published in 2016.
148 For example, Ecuador, Greece, Peru and United Kingdom. See also Brazil – CEACR, Convention No. 176,
direct request, published in 2011.
Cooperation, responsibilities, duties and rights of employers and workers
ILC.106/III/1B 93
management system. 149 In this respect, the Committee emphasized the importance of
ensuring the implementation of these provisions in practice. 150
271. The specific risks of significant levels of subcontracting in the sector have also been
addressed by national efforts to strengthen enforcement. For example, in Spain, a
supervision and monitoring campaign was undertaken in mining, and one of its focuses
was mines with high levels of subcontracting. As a result of the inspections carried out in
recent years by the mining authorities, there has been a decline in the number of accidents
in the mining sector. 151
272. The Committee stresses that, given the risks and the dynamic nature of the mining
sector, the allocation of responsibilities is essential for the effective implementation of
OSH measures. While all employers, including contractors and subcontractors,
involved in the activities in a mining site have a responsibility to ensure the safety and
health of their workers, the employer in charge of the mine maintains primary
responsibility and must take measures to coordinate OSH efforts with a view to
preventing accidents. Measures in this regard could include mechanisms to ensure that
all contractors at a mine are trained on specific hazards and necessary procedures
before they operate in the mine.
3. Rights and duties of workers with respect to occupational safety and health
273. Defined rights and duties of workers are essential for OSH. This section examines
the rights of workers to a safe and healthy working environment, followed by an
examination of specific workers’ rights related to OSH, as outlined in the sectoral
instruments. This will be followed by an examination of workers’ duties.
Rights of workers with respect to
occupational safety and health
Right of workers to a safe and healthy working environment
Box 3.12 Right of workers to a safe and healthy
working environment
Article 3(2) of Convention No. 187 provides that:
Each Member shall promote and advance, at all relevant levels, the right of workers to a safe and healthy working environment.
274. For 50 years, the right to safe and healthy working conditions has been
internationally recognized as a human right, derived from the inherent dignity of the
human person. The International Covenant on Economic, Social and Cultural Rights
(ICESCR), 1966, recognizes the right of everyone to the enjoyment of just and favourable
149 Sections 51, 52 and 54 of Presidential Decree No. 055-2010-EM approving the Occupational Safety and Health
Regulations and other complementary measures in mining, and section 68 of the Act on occupational safety and
health, No. 29783, of 19 August 2011.
150 Peru – CEACR, Convention No. 176, direct request, published in 2015.
151 Spain – CEACR, Convention No. 176, direct request, published in 2015.
Working together to promote a safe and healthy working environment
94 ILC.106/III/1B
conditions of work which ensure, in particular, safe and healthy working conditions. 152 In
this connection, the Committee on Economic, Social and Cultural Rights (CESCR) has
recognized that preventing occupational accidents and disease is a fundamental aspect of
the right to just and favourable conditions of work and closely related to other rights set
out in the Covenant, in particular the right to the highest attainable level of physical and
mental health. 153 The CESCR has interpreted the right to health, as defined in article 12
of the ICESCR, as an inclusive right extending not only to timely and appropriate health
care but also to the underlying determinants of health, including healthy occupational and
environmental conditions. 154
275. Convention No. 187 is the first international labour standard to define a safe and
healthy working environment as a right. The Convention requires the promotion and
advancement of this right, and identifies that a key component of a national safety and
health culture is the respect of this right at all levels. 155 The Convention’s main objective
is to promote the continuous improvement of OSH, and it affirms that the advancement of
the right of workers to a safe and healthy working environment is essential in achieving
this goal.
276. The Committee welcomes the fact that several countries have enshrined the right to
a safe and healthy working environment in their national constitutions. For example, this
right is reflected in the constitutions of Angola, 156 Azerbaijan, Bulgaria, 157 Mozambique
and Ukraine. The Constitution of Poland specifies that everyone shall have the right to
safe and healthy conditions of work and that the method for implementing this right and
the obligations of employers shall be specified by statute. Several countries have also
identified that the right to a safe and healthy working environment is a general principle
underlying the legislative framework in the country on labour issues. For example, the
labour codes of the Republic of Moldova and the Russian Federation recognize that one
of the main principles of the regulation of labour relations is to safeguard the right of every
worker to fair working conditions, including safety and health requirements. The Labour
Code of Cuba provides that a fundamental principle of labour law is the right of workers
to OSH, through the adoption of measures for the prevention of occupational accidents
and diseases, and the Labour Code of Kazakhstan identifies the right to working conditions
meeting safety and health requirements as a main principle of the Code. Moreover, the
legislation in Spain on risk prevention provides that workers are entitled to effective
protection in relation to safety and health at work. 158
152 Preamble and Article 7(b) of the International Covenant on Economic, Social and Cultural Rights, 1966.
Recognition of the right to a safe and healthy working environment as a fundamental human right has been
advanced by declarations adopted at the World Congress on Safety and Health at Work. The Seoul Declaration on
Safety and Health at Work of 2008 recalls that the right to a safe and healthy working environment should be
recognized as a fundamental human right, and this was reiterated in the Istanbul Declaration on Safety and Health
of 2011.
153 General Comment No. 23 (2016) on the right to just and favourable conditions of work (Article 7 of the
International Covenant on Economic, Social and Cultural Rights) (8 Mar. 2016) (E/C.12/GC/23).
154 General Comment No. 14 (2000) on the right to the highest attainable standard of health (Article 12 of the
International Covenant on Economic, Social and Cultural Rights) (11 Aug. 2000) (E/C.12/2000/4)
155 Articles 1(d) and 3(2) of Convention No. 187.
156 The Constitution of Angola specifies that all workers shall have a right to health and safety at work in accordance
with the law.
157 The Constitution of Bulgaria specifies that workers and employees shall be entitled to healthy and non-
hazardous working conditions, in accordance with the conditions and procedures established by law.
158 Act No. 31/1995 on the prevention of occupational risks.
Cooperation, responsibilities, duties and rights of employers and workers
ILC.106/III/1B 95
277. The right of workers to a safe and healthy working environment is the cornerstone
of OSH, and the Committee recalls that countries can advance this right through
various mechanisms and processes. The continuous improvement of OSH can be
promoted by the development, in consultation with the most representative
organizations of employers and workers, of a national policy, national system and
national programme, 159 and these concepts constitute essential tools for the tripartite
constituents in the promotion and advancement of the right of workers to a safe and
healthy working environment.
278. Convention No. 187 does not outline specific principles flowing from this
overarching right to a safe and healthy work environment. During the Conference
discussion on the instrument, an amendment was proposed to set out specific OSH rights
in the text, including the right of workers to participate in the area of OSH, to be informed
and trained on hazards and risks and to remove themselves from a dangerous work
situation. However, after considering that these rights were already contained in other
Conventions, the proposed amendment was withdrawn. 160 The next paragraphs 161
examine the specific rights of workers relating to OSH, as outlined in Conventions
Nos 167, 176 and 184, and in particular the right to participation in OSH measures, the
right to be informed concerning OSH risks and the right to remove themselves from
situations of danger.
Right of workers to participate in measures relating to safety and health
Box 3.13 Right of workers to participate in OSH measures in the workplace
Article 10 of Convention No. 167 provides that:
National laws or regulations shall provide that workers shall have the right and the duty at any workplace to participate in ensuring safe working conditions to the extent of their control over the equipment and methods of work and to express views on the working procedures adopted as they may affect safety and health.
Article 5(2)(f) of Convention No. 176 provides that:
Such national laws and regulations shall provide for:
...
(f) the establishment of effective procedures to ensure the implementation of the rights of workers and their representatives to be consulted on matters and to participate in measures relating to safety and health at the workplace.
Article 8(1)(b) of Convention No. 184 provides that:
1. Workers in agriculture shall have the right:
...
(b) to participate in the application and review of safety and health measures and, in accordance with national law and practice, to select safety and health representatives and representatives in safety and health committees;
...
159 Article 2(1) of Convention No. 187.
160 ILO: Record of Proceedings No. 20. Report of the Committee on Safety and Health, ILC, 95th Session, Geneva,
2006, paras 109–110.
161 Paragraphs 279 to 298.
Working together to promote a safe and healthy working environment
96 ILC.106/III/1B
279. While the provisions relating to workers’ participation in OSH measures differ in the
three sectoral Conventions, each outline the right of workers with respect to such
participation. Convention No. 167 refers to both the right and duty of workers to
participate in ensuring safe working conditions and to express views on the working
procedures adopted affecting safety and health. Convention No. 176 links the right of
workers to be consulted on OSH measures with the right to participate, specifying that
national laws and regulations shall provide for the establishment of effective procedures
to ensure these rights. Convention No. 184 refers to the right to participate in the
application and review of safety and health measures. Convention No. 167 specifies that
the right to participate must be provided for in national laws and regulations, while
Convention No. 184 provides that the procedures for the exercise of the right shall be
established by national laws and regulations, the competent authority, collective
agreements or other appropriate means.
280. With respect to the right of workers to participate in OSH measures, the Committee
recalls that it noted in its 2009 General Survey that in most countries workers participate
in the management of OSH, depending on the size of the undertaking, usually through
their OSH representatives on a safety and health committee, but also directly in some
cases. 162
281. The national legislation in several countries provides that workers have the right to
participate in measures relating to safety and health. For example, in Belarus, the
legislation provides that workers have a right to participate in the consideration of matters
related to ensuring safe working conditions. 163 Many countries specify the procedures
through which this participation takes place. Numerous countries indicated that workers
participate through OSH committees. 164 For example, the Government of Costa Rica
reported that workers have the right to participate in the implementation and review of
occupational health measures and actions through OSH committees. In other countries,
workers have the right to participate through representatives, 165 including in Uruguay,
where the national legislation specifies that workers have the right to participate through
their representatives in the definition, implementation and review of safety and health
measures. 166 Some national legislative provisions explicitly provide that both workers and
their representatives have this right. For example, the Occupational Safety and Health Act
of Peru provides that workers, their representatives and their unions are entitled to
examine the factors that affect their safety and health and to propose measures in this
regard. 167
282. In some cases, national legislation permits the participation of workers in the
application of safety and health measures, but does not establish a right to participate. For
example, in Cambodia, the legislation provides that workers may participate in the
application and review of safety and health measures. 168 The Committee also notes the
indication by the New Zealand Council of Trade Unions (NZCTU) that in practice in New
Zealand the ability of individual workers to raise health and safety issues is limited in
162 ILO: General Survey on occupational safety and health, 2009, para. 203.
163 Section 9 of Act No. 356-Z of 23 June 2008 on occupational safety.
164 For example, Belgium, Costa Rica, Morocco and Republic of Korea. See also paragraphs 191 to 217 on OSH
committees.
165 See, for example Panama, Niger, Romania and Uruguay.
166 Section 12 of Decree No. 321/009, of 9 July 2009.
167 Section 78 of Act No. 29793 on Occupational Safety and Health, of 19 August 2011.
168 Section 284 of KRAM of 13 March 1997 on the Labour Law.
Cooperation, responsibilities, duties and rights of employers and workers
ILC.106/III/1B 97
many industries by employers’ attitudes to worker participation, and that the agricultural
industry is largely adverse to meaningful worker participation on safety and health matters.
The Committee stresses that workers’ participation in matters relating to safety and
health at the workplace is fundamental and integral to the achievement of a safe and
secure working environment. In order to give effect to Conventions Nos 167, 176 and
184, the participation of workers must be guaranteed as a right, and procedures should
be established to facilitate the exercise of this right.
Workers’ safety and health representatives
283. The participation of workers in safety and health measures at the workplace often
takes place through safety and health representatives. As noted by the Committee in 2009,
in its examination of Article 19(b) of Convention No. 155, the majority of countries have
legislation on workers’ representatives on occupational safety and health issues. 169 This
is reflected in the sectoral instruments. With respect to construction, Recommendation
No. 175 provides that measures prescribed for organized cooperation between employers
and workers to promote safety and health in construction should include the election or
appointment of workers’ safety delegates. 170 With respect to mining, Convention No. 176
provides that workers shall have the right to collectively select safety and health
representatives, and the instrument outlines the rights of those representatives to represent
workers on all aspects of workplace safety and health. 171 With respect to agriculture,
Convention No. 184 establishes that workers shall have the right, in accordance with
national law and practice, to select safety and health representatives. 172 The information
provided by governments on safety and health representatives generally concerns all
sectors, with certain governments indicating that there are specific provisions for the
mining sector. 173 With respect to systems covering all sectors, several governments
indicated that the appointment of a safety and health representative is required in all
workplaces with a certain number of workers. 174 Other governments referred to worker
representation on health and safety committees, 175 while certain governments reported
requirements for both safety representatives and workers’ members on bipartite safety
committees, depending on the size of the undertaking. 176 For example, in Iceland, in
undertakings with ten or more employees, employees shall elect a workers’ safety
representative, and undertakings with more than 50 employees must establish a safety
committee composed of two safety representatives elected by workers and two employer
representatives. 177 Other countries indicated that, in unionized workplaces, unions may
appoint safety representatives from among employees. 178
169 ILO: General Survey on occupational safety and health, 2009, para. 198.
170 Paragraph 6 of Recommendation No. 175.
171 Article 13 of Convention No. 176.
172 Article 8(1)(b) of Convention No. 184.
173 For example, Belgium, Japan, Morocco and Turkey.
174 For example, workplaces with ten or more regular workers in Colombia, Finland, the former Yugoslav Republic
of Macedonia and Togo.
175 For example, Ecuador, Ethiopia, Chile, Costa Rica, Guatemala, Honduras, Mauritania, Morocco, New
Zealand, Nicaragua and Peru. For further information, see the paragraphs 191 to 217 on OSH committees.
176 For example, Denmark and Iceland.
177 Sections 4–6 of Regulation No. 920/2006 on the organization and implementation of health and safety at the
workplace.
178 For example, Malta, Mexico and the United Kingdom.
Working together to promote a safe and healthy working environment
98 ILC.106/III/1B
284. The Committee notes that a number of workers’ organizations highlighted issues
with respect to the implementation of a system of OSH representatives. The joint
observations of the Building and Wood Workers’ International (BWI) and the
Construction and Building Materials Industry Workers’ Union of Ukraine (CBMI)
indicated that the majority of employers in Ukraine are reluctant to cooperate and consult
with workers’ representatives, and particularly with representatives of trade union
committees, and that this both undermines OSH and is in violation of national law. The
observations further alleged that workers are sometimes deprived of the right and
opportunity to select representatives for OSH matters. The Netherlands Trade Union
Confederation (FNV) indicated that the concept of safety representatives is absent in the
Netherlands; while members of works councils fulfil certain similar functions, their
members lack the requisite knowledge, are not assigned the specific task of protecting the
safety and health of workers and are not present in smaller companies. In Australia, the
Australian Council of Trade Unions (ACTU) indicated that there is a process under way
to modify and remove provisions in the model workplace health and safety law to
undermine the training rights of health and safety representatives. The ACTU added that,
in circumstances where workers’ health and safety representatives are dismissed from their
employment for performing or attempting to perform their OSH functions, it is extremely
difficult in practice to meet the required standards of proof. The New Zealand Council of
Trade Unions (NZCTU) indicated that, under the new legislation, approximately 500,000
workers will not be able to request a health and safety representative, and that the
Government of New Zealand has ceased to fund training for health and safety
representatives in high-risk industries.
285. With respect to mining in particular, Article 13(2) of Convention No. 176 outlines
the rights that collectively selected workers’ safety and health representatives shall have,
in accordance with national laws and regulations. The mining sector has a long history of
workers’ representatives playing a key role in safety, and Convention No. 176 is the only
sectoral Convention examined that outlines the specific rights of safety and health
representatives, and particularly: (a) the right to participate in inspections and
investigations conducted by the employer and by the competent authority at the workplace
and to monitor and investigate safety and health matters; (b) to have recourse to advisers
and independent experts; (c) to consult with the employer in a timely fashion on safety
and health matters, including policies and procedures; (d) to consult with the competent
authority; and (e) to receive, relevant to the area for which they have been selected, notice
of accidents and dangerous occurrences. These provisions on the right of safety
representatives were proposed by the Worker members, with the support of Employers
members, during the first Conference discussion on the instrument. 179 The rights
identified above presume a certain level of knowledge and understanding on behalf of
health and safety representatives.
286. The Committee has noted that, in the case of many ratifying countries, only partial
effect is given to Article 13(2) of Convention No. 176 180 with difficulties arising in certain
countries in relation to the right of safety and health representatives to have recourse to
179 ILO: Provisional Record No. 26, Report of the Committee on Safety and Health in Mines, ILC, 81st Session,
Geneva, 1994, paras 97 and 98.
180 See, for example, Ireland – CEACR, Convention No. 176, direct request, published in 2013; Poland – CEACR,
Convention No. 176, direct request, published in 2015; and United States – CEACR, Convention No. 176, direct
request, published in 2016.
Cooperation, responsibilities, duties and rights of employers and workers
ILC.106/III/1B 99
advisers and independent experts, to monitor and investigate safety and health matters and
to receive notice of accidents and dangerous occurrences. 181
287. In the case of Australia, the Australian Council of Trade Unions (ACTU) underlined
the positive role of workers’ representatives in health and safety arrangements in coal
mines in the State of Queensland. The ACTU referred in this regard to a 2014 research
report that found that these representatives make a substantial contribution to the operation
of arrangements for OSH management in mines, and that certain supportive preconditions
are necessary for them to be effective, including an appropriate legislative framework, the
commitment of the regulatory authority and management to supporting a participative
approach to safety and health, appropriate training for representatives and substantial trade
union support. 182
288. The Committee emphasizes the importance of guaranteeing that safety
representatives are able to exercise their rights in practice, including through adequate
opportunities for training in identifying and responding to safety and health risks. The
Committee recalls that while employers can appoint their own safety officers (including,
for example, on bipartite OSH committees), workers’ safety and health representatives
should be collectively selected by workers. It further recalls that, under Convention
No. 176, procedures for the exercise of the rights of safety representatives must be
specified by national laws and regulations. These procedures are to be established
through consultations between employers and workers and their representatives, and
national laws and regulations shall ensure that these rights are exercised without
discrimination or retaliation.
Right of workers to be informed on safety and health matters
Box 3.14
Right to be informed on safety and health matters
Article 33 of Convention No. 167 provides that:
Workers shall be adequately and suitably:
(a) informed of potential safety and health hazards to which they may be exposed at their workplace;
(b) instructed and trained in the measures available for the prevention and control of, and protection against, those hazards.
Article 13(1)(c) and (d) of Convention No. 176 provides that:
1. Under the national laws and regulations ... workers shall have the following rights: ...
(c) to know and be informed of workplace hazards that may affect their safety or health;
(d) to obtain information relevant to their safety or health, held by the employer or the competent authority;
...
Article 8(1)(a) of Convention No. 184 provides that:
1. Workers in agriculture shall have the right:
(a) to be informed and consulted on safety and health matters including risks from new technologies;
...
181 See, for example: Albania – CEACR, Convention No. 176, direct request, published in 2016; and Peru –
CEACR, Convention No. 176, direct request, published in 2015.
182 Walters, D., et al.: A study of the role of workers’ representatives in health and coal safety arrangements in coal
mines in Queensland, the Construction, Forestry, Mining and Energy Union (CFMEU), 2014.
Working together to promote a safe and healthy working environment
100 ILC.106/III/1B
289. Ensuring that workers have adequate information concerning OSH is key to the
development of a national safety and health culture. 183 The following paragraphs 184
examine the right of workers to be informed on OSH issues while Chapter IV of the Survey
examines certain important measures to ensure that information is provided in this respect,
including practical actions and requirements placed on employers.
290. Convention No. 176 and Convention No. 184 both provide that workers have the
right to be informed on safety and health matters, with Convention No. 176 specifying that
workers in mining have the right to be informed of workplace hazards that may affect their
safety or health. Convention No. 167 also requires that workers be adequately informed
of potential safety and health hazards. 185
291. Although a greater number of countries referred to a general obligation of employers
to provide information, 186 the legislation in certain countries specifically provides that
workers have a right to be informed of workplace hazards. 187 For example, the OSH
legislation in the Republic of Moldova provides that every worker has the right to receive
reliable information from the employer about the conditions of work and any existing
safety and health hazards, as well as on protective measures against the impact of
occupational risks or hazards. 188 Some countries referred to the rights of workers in
particular sectors. For example, in Cuba 189 and Peru, 190 miners have the right to know
the risks in the workplace that may affect their safety or health, and in Panama the
regulations on safety and health in the construction sector provide that workers have the
right to obtain information on the risks at work with respect to hazardous chemicals and
materials. 191
292. With reference to the implementation of this right in practice, the General Union of
Workers (UGT) reported that in Spain employers do not provide adequate information to
workers. The joint observations of the Building and Wood Workers’ International (BWI)
and the Construction and Building Materials Industry Workers’ Union of Ukraine (CBMI)
indicated that in Ukraine the national legislation lacks provisions guaranteeing that
workers are informed of OSH risks related to their jobs. Moreover, the Australian Council
of Trade Unions (ACTU) indicated that workers engaged in insecure work are often not
informed about hazards in the workplace. The All-Poland Trade Unions Alliance (OPZZ)
indicated that in Poland the inadequate flow of information, or the absence of information,
is a significant problem in both large and small companies, and that rules on
communication between trade unions, the employer and employees would be useful.
183 Article 3(3) of Convention No. 187.
184 Paragraphs 290–293.
185 Similar language is contained in the Working Environment (Air Pollution, Noise and Vibration) Convention,
1977 (No. 148), Article 13; the Occupational Health Services Convention, 1985 (No. 161), Article 13; and the
Prevention of Major Industrial Accidents Convention, 1993 (No. 174), Article 20.
186 For example, Belgium, Finland, Iceland, Republic of Korea, Republic of Moldova, Saudi Arabia, Sudan, Turkey
and Qatar.
187 For example, Belarus and Viet Nam.
188 Section 20 of Law No. 186-XVI of 10 July 2008 on occupational health and safety.
189 Section 16 of Resolution No. 158/2014 of the Ministry of Energy and Mines.
190 Section 40(b) of Supreme Decree No. 055-2010-EM approving the Occupational Safety and Health Regulations
and other complementary measures in mining.
191 Section 38 of Decree No. 2 of 15 February 2008 regulating safety, health and hygiene in the construction
industry.
Cooperation, responsibilities, duties and rights of employers and workers
ILC.106/III/1B 101
293. The Committee recalls that ensuring workers are appropriately informed on OSH
matters is a key element of the development of a safety and health culture. It underlines
in this respect the importance of the right of workers to be informed of workplace
hazards, through means such as initial orientation and periodic update sessions, annual
refresher training and information disseminated whenever significant changes,
including the use of new chemicals, are introduced in the workplace.
Right of workers to remove themselves from danger
Box 3.15 Right to removal
Article 12(1) of Convention No. 167 provides that:
National laws or regulations shall provide that a worker shall have the right to remove himself from danger when he has good reason to believe that there is an imminent and serious danger to his safety or health, and the duty so to inform his supervisor immediately.
Article 13(1)(e) of Convention No. 176 provides that:
1. Under the national laws and regulations ..., workers shall have the following rights:
...
(e) to remove themselves from any location at the mine when circumstances arise which appear, with reasonable justification, to pose a serious danger to their safety or health;
...
Article 8(1)(c) of Convention No. 184 provides that:
1. Workers in agriculture shall have the right:
...
(c) to remove themselves from danger resulting from their work activity when they have reasonable justification to believe there is an imminent and serious risk to their safety and health and so inform their supervisor immediately. They shall not be placed at any disadvantage as a result of these actions.
294. The three sectoral Conventions examined in this General Survey provide that
workers shall have the right to remove themselves from situations which reasonably
appear to pose a danger to their safety and health, although each Convention phrases this
right in a different manner. While Convention No. 167 refers to a serious and imminent
danger and Convention No. 184 refers to a serious and imminent risk, Convention No. 176
does not require the danger to be imminent. Moreover, while Convention No. 176 refers
to circumstances which “appear with reasonable justification” to pose such a danger,
Convention No. 167 refers to “a good reason to believe” that such a danger exists, and
Convention No. 184 refers to a “reasonable justification to believe” that there is such a
risk.
295. Concerning the right to removal, a significant number of countries indicated that,
under national legislation, workers have the specific right to remove themselves from
situations that they reasonably believe presents a danger to their health or safety. 192 In
Kenya, the worker shall report to the immediate supervisor any situation reasonably
believed to present an imminent or serious danger to the safety or health of the worker.
The occupier shall not require the worker to return to a workplace where there is a
continuing imminent or serious danger to safety or health, until remedial action is taken.
192 For example, Algeria, Cuba, Finland, France, Kazakhstan, Kenya, New Zealand, Panama, Russian Federation
and Bolivarian Republic of Venezuela.
Working together to promote a safe and healthy working environment
102 ILC.106/III/1B
Furthermore, a worker who has left a workplace having reasonable justification to believe
that it presents imminent and serious danger to life and health shall not be dismissed,
discriminated against or disadvantaged for such action. 193 In Bolivarian Republic of
Venezuela, the worker has the right to refuse work when he or she has reasonable
justifications to believe that there is an imminent risk for life or health, based on his or her
experience and training, without this being considered desertion of the post. 194 Moreover,
certain countries also referred to legislation relating to the construction 195 or mining
sectors 196 which protects the right of workers in those sectors to remove themselves from
danger entailing an imminent and serious risk. A number of governments also referred to
the protection against retaliation provided to workers who remove themselves from
dangerous work situations. 197
296. However, certain governments reported that this right is not protected in their
national legislation. 198 A number of governments also referred to legislative provisions
that do not appear to give full effect to the provisions of the Conventions. Specifically,
some governments referred to legislation that permits safety delegates to stop an operation
that they believe presents a serious or imminent danger, but does not allow workers to
remove themselves, or requires that prior permission be obtained from an inspector for
removal. 199 Certain governments reported that workers first have to report the situation to
a safety committee, 200 or referred only to the obligation of workers to inform their
employer in the case of dangerous situations. 201 Moreover, the legislation in some
countries specifies that the danger, in addition to being imminent and serious, must be
“unavoidable”, which is a higher threshold than that set in the Conventions. 202 One
country indicated that in cases of hazards that threaten workers’ health or safety, workers
are permitted under national legislation to terminate their contract with full severance
pay, 203 which does not constitute an appropriate substitute for the right of removal.
297. The Committee notes with concern that several workers’ organizations reported
issues with respect to the implementation of this right, including retaliation for its exercise.
For example, the Federation of Korean Trade Unions (FKTU) indicated that, while in law
in the Republic of Korea, workers have the right to suspend their work and evacuate when
there is an imminent danger, in reality they rarely do so, and often only after an accident
has occurred. The American Federation of Labor and Congress of Industrial Organizations
(AFL-CIO) indicated that in the United States the OSH Act prohibits employers from
discriminating or taking retaliatory action against workers who exercise their rights under
the law, including protection for refusal to perform unsafe work. Nonetheless, the AFL-
193 Section 14(1) and (2), Occupational Safety and Health Act, 2007.
194 Section 53(5), Basic Act on prevention, working conditions and working environment of the Bolivarian
Republic of Venezuela, 2005.
195 For example, Colombia and Panama.
196 For example, Mexico and South Africa.
197 For example, Kenya, Romania, Senegal and the United Kingdom.
198 For example, Antigua and Barbuda and Ethiopia. The Government of Seychelles indicated that this right is not
protected under national legislation, but that it is proposed to include it in the ongoing revision of OSH legislation.
199 For example, Chile.
200 For example, Guatemala.
201 For example, Ecuador, Iceland, South Africa and United Republic of Tanzania.
202 For example, Denmark, Romania and Turkey.
203 Qatar.
Cooperation, responsibilities, duties and rights of employers and workers
ILC.106/III/1B 103
CIO indicated that the enforcement provisions of these rights are weak and that the OSH
Administration must go to court to enforce any findings of retaliation. The National
Confederation of United Independent Unions (CONUSI) emphasized, concerning
Panama, that workers’ rights with regard to OSH are only respected in practice if there is
a strong supporting trade union, while workers in non-unionized workplaces are often
dismissed for the exercise of this right. The Single Confederation of Workers of Colombia
(CUT) reported that in Colombia there is no clear provision in national legislation relating
to the right of workers to remove themselves from danger when they have reasonable
justification for believing there is an imminent and serious risk to their safety and health.
The General Union of Workers (UGT) indicated that in Spain the legislative application
of the right of workers to remove themselves from danger raises certain issues with regard
to the definition of “imminent”, for example in the case of an approaching storm or the
use of pesticides. The National Union of Miners, Metalworkers and Allied Workers of the
Republic of Mexico (SNTMMSSRM) also indicated that in Mexico workers in mining
have to inform joint OSH committees, which then confirm whether the situation presents
an imminent risk. The Confederation of Gabonese Free Trade Unions (CGSL) indicated
that, while the legislation in Gabon protects the right of workers to remove themselves
from situations of danger, this right is often not respected.
298. The Committee considers that the right of workers to remove themselves from
situations when there is a reasonable justification to believe that there is a serious and
imminent danger remains an essential foundation for the prevention of occupational
accidents and diseases and must not be undermined by any action by the employer. It is
linked to the duty of workers to inform their employer about such situations, although
this obligation should not be seen as a prerequisite for the exercise of the right of
removal. Noting the indication by several governments that this right is not enshrined
in national legislation, the Committee recalls that, under the sectoral Conventions
examined in this Survey, this right must be protected in national law and regulations.
Duties of workers with respect to OSH
299. Just as it is important for the duties of employers to be defined, workers obligations
with respect to OSH need to be well delineated. In this regard, each of the sectoral
Conventions clearly outlines the duties of workers. The following paragraphs 204 focus on
the duties common to the three sectoral Conventions: the duty to comply with prescribed
health and safety measures; the duty to inform employers in situations where workers
believe there is an imminent and serious risk to health and safety; and the duty to cooperate
with employers concerning their safety and health obligations.
Box 3.16 Certain duties of workers
Article 11 of Convention No. 167 provides that:
National laws or regulations shall provide that workers shall have the duty to:
(a) co-operate as closely as possible with their employer in the application of the prescribed safety and health measures;
...
(d) report forthwith to their immediate supervisor, and to the workers’ safety representative where one exists, any situation which they believe could present a risk, and which they cannot properly deal with themselves;
204 Paragraphs 300 to 311.
Working together to promote a safe and healthy working environment
104 ILC.106/III/1B
(e) comply with the prescribed safety and health measures.
Article 14 of Convention No. 176 provides that:
Under national laws and regulations, workers shall have the duty, in accordance with their training:
(a) to comply with prescribed safety and health measures;
...
(c) to report forthwith to their immediate supervisor any situation which they believe could present a risk to their safety or health or that of other persons, and which they cannot properly deal with themselves; and
(d) to cooperate with the employer to permit compliance with the duties and responsibilities placed on the employer pursuant to the Convention.
Article 8(2) of Convention No. 184 provides that:
Workers in agriculture and their representatives shall have the duty to comply with the prescribed safety and health measures and to cooperate with employers in order for the latter to comply with their own duties and responsibilities.
Duty of workers to comply with prescribed safety and health measures
300. Conventions Nos 167, 176 and 184 each provide that workers have the duty to
comply with prescribed safety and health measures. Conventions Nos 167 and 176 both
specify that this duty shall be provided in national laws and regulations, and Convention
No. 176 also specifies that this duty shall be in accordance with their training. Under
Convention No. 184, this obligation also extends to workers’ representatives.
301. Convention No. 167 was the first ILO standard establishing such a duty for workers.
This provision was added during the first Conference discussion leading up to the adoption
of the instrument, during which it was highlighted that, in light of the duty of employers
to comply with prescribed measures, there should be a corresponding duty on the part of
workers. 205
302. Member States, to a large extent, set out the duty of workers to comply with OSH
measures in their national legislation. For example, the legislation in numerous countries,
such as Burkina Faso, 206 Madagascar, 207 Peru, 208 Russian Federation 209 and
Tunisia, 210 requires workers to follow requirements or instructions related to health and
safety at work. Certain governments also reported that the duty to comply with prescribed
safety and health measures is reflected in sector-specific legislation relating to mining 211
or construction. 212 Moreover, the legislation in certain countries, such as Costa Rica, 213
205 ILO: Record of Proceedings No. 23, Report of the Committee on Safety and Health in Construction, ILC,
73rd Session, Geneva, 1987, para. 64.
206 Section 247 of Decree No. 2008-331/PRES enacting Act No. 028/2008/AN of 13 May 2008 on the Labour Code
in Burkina Faso.
207 Section 111 of Act No. 2003-044 on the Labour Code, of 28 July 2004.
208 Section 79 of Act No. 29783 on occupational safety and health, of 19 August 2011.
209 Section 214 of the Labour Code (Federal Law No. 197-FZ of 2001), of 31 December 2001.
210 Section 152-3 of the Labour Code 1996.
211 For example, Colombia and Cuba.
212 For example, Ecuador and Panama.
213 Section 102 of Labour Code.
Cooperation, responsibilities, duties and rights of employers and workers
ILC.106/III/1B 105
Ethiopia, 214 Malaysia 215 and the Republic of Korea, 216 specifies that this duty includes
health and safety instructions issued by the employer and the requirements of the
competent authority.
303. Certain countries specified the type of measures with which workers are required to
comply. The legislation in Algeria refers to the duty of workers to comply with employers’
instructions concerning health and safety issued in conformity with national laws and
regulations, while the legislation in Finland refers to the obligation of workers to follow
orders and instructions given by the employer, within the latter’s competence. 217 In this
respect, the Governments of Australia and New Zealand indicated that the duty extends
only reasonable instructions (issued by the person conducting a business or undertaking
to enable it to comply with the legislation or regulations), in so far as the worker is
reasonably able to do so.
304. The Committee stresses that compliance by workers with prescribed health and
safety measures is a vital contributor to OSH. The provision of adequate information
and appropriate training plays an important role in facilitating the discharge of this
duty by workers. These measures are further discussed in Chapter IV.
Duty of workers to report situations presenting a risk to safety and health
305. Convention No. 167 and Convention No. 176 establish the requirement for national
laws or regulations to provide that workers have a duty to report forthwith to their
immediate supervisor any situation which they believe could present a risk to their safety
or health or that of other persons, and which they cannot properly deal with themselves.
These requirements are similar to those contained in Convention No. 155. 218 With respect
to workers in the agricultural sector, Convention No. 184 provides that workers must
inform their supervisor immediately when they have reasonable justification to believe
there is an imminent and serious risk to their safety and health.
306. The legislation in most countries examined gives effect to these provisions. The
legislation in many countries, such as Belarus, 219 Germany, 220 Kazakhstan, 221 Russian
214 Section 93 of the Labour Proclamation No. 377/03, 2003.
215 Section 24 of the Occupational Safety and Health Act No. 514, 1994.
216 Section 6 of the Occupational Safety and Health Act No. 3532, of 31 December 1981.
217 Section 18 of the Occupational Safety and Health Act No. 738/2002, of 23 August 2002.
218 Article 19(f) of Convention No. 155 requires the reporting only of situations that the worker has reasonable
justification to believe presents an imminent and serious danger to his life or health, not situations that could present
a risk to their safety and health, as in Conventions Nos 167 and 176. In addition, while Conventions Nos 167 and
176 impose the duty to report only situations that workers cannot properly deal with themselves, Convention
No. 155 requires arrangements for the reporting of all situations.
219 Section 232 of the Labour Code of Belarus.
220 Section 16 of the Act on the implementation of measures of occupational safety and health to encourage
improvements in safety and health protection of workers at work.
221 Sections 22(2)(5) and 315(1) of the Labour Code of the Republic of Kazakhstan.
Working together to promote a safe and healthy working environment
106 ILC.106/III/1B
Federation, 222 Senegal, 223 Serbia 224 and Tunisia, 225 provides that workers are required
to inform their supervisor immediately of any situation likely to cause danger to health
and safety, while in other countries, such as Ethiopia, 226 Iceland 227 and Kenya, 228 this
obligation applies only to situations that cannot be corrected by the workers themselves.
307. Under Convention No. 167, workers also have the duty to report such situations to
the workers’ safety representative, where one exists. In this regard, the legislation in
several countries requires workers to inform both their employer and the workers’ safety
representative, including in Burkina Faso (referring to a member of the safety and health
committee), 229 Denmark (referring to a member of the safety and health committee), 230
South Africa 231 and Turkey. 232
308. The Committee places considerable importance on such reporting by workers, with
a view to ensuring that the necessary preventive or remedial measures can be adopted
and implemented quickly in order to guarantee the safety and health of all workers at
the undertaking. 233 While this duty is linked to the right of workers to remove
themselves from situations that could present a risk, nothing in the Conventions
suggests that workers must inform their supervisor prior to exercising their right to
removal. The Committee accordingly emphasizes that the exercise of the right to
removal is not conditional upon informing the supervisor, and that this duty should not
be interpreted as requiring prior approval for exercising the right of removal. 234
Duty of workers to cooperate on safety and health matters
309. Conventions Nos 167, 176 and 184 place a duty upon workers to cooperate with their
employer with respect to safety and health. While the phrasing of this obligation differs
slightly in each sectoral Convention, this duty mirrors the provisions of Convention
No. 155. 235 Convention No. 167 contains the widest obligation, referring to the duty to
cooperate as closely as possible with the employer in the application of prescribed safety
222 Section 21 of the Labour Code of the Russian Federation (Federal Law No. 197-FZ of 2001), of 31 December
2001.
223 Section L183 of Act No. 97-17 of 1 December 1997 on the Labour Code.
224 Section 36 of the Law on Occupational Safety and Health.
225 Section 152-3 of the Labour Code of Tunisia of 1996.
226 Section 93 of the Labour Proclamation No. 377/03, 2003.
227 Section 26(2) of the Act on the working environment, health and safety in workplaces, No. 46/1980, of 28 May
1980.
228 Section 13 of the Occupational Safety and Health Act No. 15 of 2007.
229 Section 247 of Decree No. 2008-331/PRES enacting Act No. 028/2008/AN of 13 May 2008 on the Labour Code
in Burkina Faso.
230 Section 28 of the Working Environment Act No. 268, of 18 March 2005.
231 Section 14 of the Occupational Health and Safety Act No. 85 of 1993.
232 Section 19 of the Act No. 6331 on Occupational Safety and Health, of 20 June 2012.
233 United States – CEACR, Convention No. 176, direct request, published in 2016.
234 See the examination of Article 19(f) of Convention No. 155 in ILO: General Survey on occupational safety and
health, 2009, para. 151.
235 Article 19(a) of Convention No. 155 provides that there shall be arrangements at the level of the undertaking
under which workers, in the course of performing their work, cooperate in the fulfilment by their employer of the
obligations placed upon him.
Cooperation, responsibilities, duties and rights of employers and workers
ILC.106/III/1B 107
and health measures. Conventions Nos 176 and 184 refer to cooperation with the employer
only with respect to the employers’ duties and responsibilities.
310. The Committee noted in its 2009 General Survey that the majority of countries have
established certain arrangements at the level of the undertaking under which workers
cooperate with the employer in the fulfilment of their OSH obligations, 236 and the
majority of the reports received indicate continuity in this regard. This obligation of
workers is generally contained in legislative provisions outlining the general duties of
workers, and such provisions often establish the requirement for workers to cooperate with
other persons with prescribed obligations, in addition to the employer. For example, the
OSH legislation in South Africa provides that, with regard to any duty or requirement
imposed on the employer or any other person by the legislation, workers shall cooperate
with such employer or person to enable that duty or requirement to be performed or
complied with. 237 In Malaysia, workers have the duty, while at work, to cooperate with
their employer or any other person in the discharge of any duty or requirement imposed
on the employer or that other person under the OSH legislation and regulations. 238 The
legislation in Romania requires workers to cooperate with the employer and/or designated
workers, for as long as may be necessary to enable the employer to ensure that the working
environment and working conditions are safe and pose no risk to safety and health within
their field of activity. 239
311. As the Committee also emphasized in the section on cooperation in this Chapter,
ensuring a safe and secure working environment requires workers and employers to
work together at the level of the undertaking on matters of safety and health. The
importance of this duty of workers is borne out by its widespread reflection in the
legislation of member States.
236 ILO: General Survey on occupational safety and health, 2009, para. 195.
237 Section 14 of the Occupational Health and Safety Act No. 85 of 1993.
238 Section 24 of the Occupational Safety and Health Act No. 514, 1994.
239 Section 23 of the Safety and Health Law, No. 319 of 2006.
ILC.106/III/1B 109
Chapter IV. Developing a national safety and
health culture, assessing occupational
risks and specific preventive and
protective measures
1. Developing a national safety and health culture
312. Convention No. 187 calls for the development of a national preventative safety and
health culture that includes information, consultation and training. As highlighted in the
preparatory work for the Convention, a safety culture is the product of individual and
group values, attitudes, perceptions, competencies and behaviours that contribute to health
and safety management, and its development is a dynamic and progressive process.
Advancing a safety culture means seeking continual improvement, including the
prioritization of OSH and building on lessons learned with respect to accident and disease
prevention. 1
313. Building and maintaining a preventative safety and health culture requires tripartite
engagement. Convention No. 187 and Recommendation No. 197 provide concrete
indications of the measures that can be taken to develop such a national culture, including
measures to: raise awareness of OSH through national campaigns; promote education and
training mechanisms on OSH for tripartite constituents; introduce OSH concepts into
education and vocational training; facilitate the exchange of data on OSH; provide
information and advice to employers, workers and their respective organizations; promote,
at the workplace level the establishment of safety and health policies and joint safety and
health committees and the designation of workers’ OSH representatives; and measures to
address the constraints faced by micro-enterprises, SMEs and contractors. 2
314. The IOE underlined the importance of developing a safety and health culture. It
indicated that, while overall responsibility for safety and health in the workplace is the
responsibility of the employer, its management can be enhanced if those entering the
workforce already have a preventative safety mentality. It emphasized that an approach
that invites not only employers but also workers and governments to engage in a
responsible manner at the national level in creating a safety and health culture and
reinforcing national efforts to reduce occupational accidents, injuries and disease is key.
315. This section analyses concrete and practical measures taken by countries to develop
a preventative safety and health culture by: raising public awareness; providing training
1 ILO: Promotional framework for occupational safety and health, Report IV(1), ILC, 93rd Session, Geneva, 2005,
paras 26–33.
2 Paragraph 5 of Recommendation No. 197.
Working together to promote a safe and healthy working environment
110 ILC.106/III/1B
to workers and employers on OSH; and taking measures to ensure that workers are
informed of safety and health hazards associated with their work.
Raising awareness on OSH
316. The framework instruments recognize the important role that society as a whole can
play in promoting a safety and health culture. Recommendation No. 197 identifies the vital
role of raising public and workplace awareness on OSH, including through national
campaigns. 3 In this regard, many countries reported taking measures to raise awareness
with a view to facilitating the development of a national safety and health culture. 4 For
example, in Colombia, the Ministry of Labour has signed an agreement with the national
television and radio agency for the development of radio commercials and videos on the
OSH system. The Government of Singapore reported that it holds an annual National
Workplace Safety and Health Campaign, with festivities and events to celebrate
performance and milestones, including the presentation of annual workplace safety and
health awards for companies, projects and individuals. The Government of Bahrain
reported that the national safety and health council is responsible for raising preventative
awareness by means of radio, television and the press, and by staging exhibitions and
holding conferences and seminars.
317. Several governments indicated that participation in the World Day for Safety and
Health at Work offers an important opportunity to raise public awareness and highlight
OSH issues. 5 The Government of Uganda reported public awareness raising through
radio and print media to mark the World Day, while the Government of Estonia reported
seminars and press conferences held on the World Day by the labour inspectorate in
cooperation with the European Agency for Safety and Health at Work (EU-OSHA). The
Government of Kazakhstan indicated that for six consecutive years it has held an annual
conference on labour protection and industrial safety for countries in Eastern Europe and
Central Asia for the World Day.
318. Comments from certain social partners emphasized the importance of broad societal
participation and the need to take further measures to raise awareness. The IOE underlined
that society as a whole needs to be part of the wider solution of creating a mentality and
culture of safety and health that supports employers’ efforts to reduce accidents at work
in all sectors. All members of society must contribute to achieving this goal by ensuring
that OSH is not a priority, but a fundamental value.
319. With respect to the importance of awareness raising, the Sudanese Businessmen and
Employers Federation (SBEF) highlighted that, while efforts are ongoing through
workshops and training courses, more was needed to raise awareness of OSH in Sudan.
The Federation of the German Construction Industry (HDB) and the German Construction
Federation (ZDB) highlighted that it is important to strengthen the awareness of
employees in Germany, particularly with respect to musculoskeletal disorders, including
through the provision of sufficient information and courses. The Confederation of
3 Paragraph 5 of Recommendation No. 197 states that “In promoting a national preventative safety and health
culture as defined in Article 1(d) of the Convention, Members should seek: (a) to raise workplace and public
awareness on occupational safety and health through national campaigns linked with, where appropriate, workplace
and international initiatives; […]”.
4 See, for example, Australia, Bahrain, Colombia, Cuba, Dominican Republic, Panama, Poland, Singapore, Sudan,
Uganda, United Kingdom and Viet Nam.
5 For example, Albania, Cuba, Dominican Republic, Estonia, Ethiopia, Kazakhstan, Panama, Seychelles, Sri Lanka
and Uganda.
Developing a national safety and health culture, assessing occupational risks and specific preventive and protective measures
ILC.106/III/1B 111
Employers of the Mexican Republic (COPARMEX) indicated that a national programme
“Safe Enterprise” gives recognition to enterprises that develop efficient OSH systems and
that the occupational accident rate in participating enterprises is 67 per cent lower than the
national average.
OSH education and training
Box 4.1 OSH training
Article 4(3)(c) of Convention No. 187 provides that:
The national system for occupational safety and health shall include, where appropriate:
...
(c) the provision of occupational safety and health training; ...
320. Convention No. 187 highlights that OSH training greatly contributes to the
development of a safety and health culture, and that the provision of OSH training is
accordingly, an important component of the national OSH system. Moreover, Convention
No. 155 identifies OSH training as a topic to be taken into account in the national OSH
policy, 6 underlining that the acquisition and maintenance of knowledge and skills, both at
the national level and in the workplace, is essential for OSH outcomes. 7
321. In its 2009 General Survey, the Committee noted that all the reporting countries
included training requirements in their OSH legislation. 8 In this connection, the
Committee notes that many countries have reported on practical measures that are being
implemented to provide training on OSH, 9 and a large number of countries reported that
their legislation requires employers to provide training to workers on OSH. 10 Certain
governments also reported that OSH concepts had been introduced into educational and
vocational training programmes, as recommended by Recommendation No. 197. 11
Recommendation No. 197 further provides that Members should seek to promote
mechanisms for the delivery of OSH education and training to, among others, safety
representatives, and certain countries reported the measures taken to provide workers’
representatives with such training. 12
322. The conclusions of the discussion adopted by the Conference Committee on the
Application of Standards of the 2009 General Survey recommended that action be taken
to broaden access to OSH education and training, integrate it at all levels of education and
6 Article 5(c) of Convention No. 155. Article 14 of the Convention also provides that measures shall be taken with
a view to promoting in a manner appropriate to national conditions and practice, the inclusion of questions of
occupational safety and health and the working environment at all levels of education and training, including higher
technical, medical and professional education, in a manner meeting the training needs of all workers.
7 ILO: General Survey on occupational safety and health, 2009, para. 70.
8 ibid.
9 For example, Belgium, Cyprus, Japan, Pakistan, Philippines, Singapore and Zimbabwe.
10 For example, Algeria, Argentina, Austria, Bahrain, Belarus, Belgium, Cambodia, China, Colombia, Croatia,
Denmark, Finland, Germany, Honduras, Iceland, Indonesia, Iraq, Mauritius, Mexico, Poland, Republic of Korea,
Republic of Moldova, Russian Federation, Spain, Sudan, Turkmenistan, United Kingdom, Uzbekistan and Viet
Nam.
11 Paragraph 5(c) of Recommendation No. 197. See, for example, Brazil, Iraq and the Russian Federation.
12 For example, Ethiopia, Kenya, Republic of Moldova, Ukraine, Bolivarian Republic of Venezuela and Viet Nam.
Working together to promote a safe and healthy working environment
112 ILC.106/III/1B
ensure that at the enterprise level OSH training includes not only occupational safety
representatives, but also managers and employers. 13 The following paragraphs 14 examine
the provision of OSH training to workers in construction, mining and agriculture, followed
by an examination of the provision of training to management and supervisors.
OSH education and training for workers
Construction
Box 4.2 OSH training in construction
Article 33(b) of Convention No. 167 provides that:
Workers shall be adequately and suitably:
...
(b) instructed and trained in the measures available for the prevention and control of, and protection against, those hazards.
323. The importance of OSH training in construction was one of the factors leading to the
development of Convention No. 167. The preparatory work for the Convention underlined
that previous instruments had not given sufficient emphasis to the importance of training
and education, and that new standards were needed to address this gap. 15 The preparatory
work recognized that the sector faced specific challenges in this respect, including high
labour turnover and the lack of capacity by many small contractors in construction to
provide training. 16
324. The Global Dialogue Forum on Good Practices and Challenges in Promoting Decent
Work in Construction and Infrastructure Projects held in 2015 identified the importance
of OSH training for workers and recommended that tripartite constituents develop a
coherent vocational education, skills development and training strategy including OSH-
related skills. 17 The Forum also highlighted that OSH training can contribute to
addressing the skills gap in the construction industry, and that the regular provision of
training can be particularly important in light of the high turnover rates often present in
the sector. 18
325. In addition to the general requirement that workers shall be adequately and suitably
trained, the Convention provides that workers engaged in the following operations shall
receive appropriate training: the operation of lifting appliances and items of lifting gear;
the operation of vehicles and earth-moving or materials-handling equipment, and the
operation of plant, machinery and equipment, including hand tools, both manual and
power driven. 19 The Convention also requires that persons performing certain functions
possess adequate qualifications, such as suitable training, including for the inspection of
13 ILO: Conference Committee on the Application of Standards – Extracts from the Record of Proceedings, ILC,
98th Session, Geneva, 2009, para. 209.
14 Paragraphs 323–347.
15 ILO: Safety and health in construction, Report V(1), ILC, 73rd Session, Geneva, 1987, p. 11.
16 ibid., pp. 4 and 6.
17 ILO: Global Dialogue Forum on Good Practices and Challenges in Promoting Decent Work in Construction
and Infrastructure Projects, Points of Consensus, Geneva, Nov. 2015, GDFPDWC/2015/6, para. 14.
18 ibid., para. 6.
19 Articles 15(1)(e), 16(1)(b) and 17(1)(d) of Convention No. 167.
Developing a national safety and health culture, assessing occupational risks and specific preventive and protective measures
ILC.106/III/1B 113
scaffolds, the examination and testing of lifting appliances and gear and pressure plant and
equipment, the inspection of cofferdams and caissons, the supervision of the erection of
structural frames and components, formwork, false work and shoring, and the installation
and maintenance of electrical equipment. 20
326. The Committee has noted the effect given to these provisions by a number of
ratifying member States. 21 For example, in Finland, specific training is provided on the
operation of earth-moving equipment, in addition to the requirement that project
supervisors ensure, through training and guidance, that workers are sufficiently familiar
with safe working practices and the measures to be taken in relation to hazards. 22
327. Given the importance of specialized OSH training to workers in the sector, the
Committee is pleased to note that a number of countries indicated that specific training on
safety and health issues had been provided to workers in construction, 23 while others
reported that employers in the sector were required by law to provide training, including
induction training for new workers. 24 For example, the Government of Philippines
reported that workers were not to be deployed on a construction site without having
undergone safety and health awareness seminars, and that the OSH Centre of the
Department of Labour and Employment had conducted 50 construction safety orientations
and 15 week-long construction safety trainings for workers between 2011 and 2015. The
Government of Colombia reported that the Ministry of Labour has partnered with a
regional chamber of construction to provide workshops on the importance of safe
behaviour, which benefited 1,100 workers in 2014 and 2015. The Government of the
Republic of Korea indicated that, pursuant to the OSH Act, employers in the construction
industry must ensure that all daily construction workers complete basic safety and health
education (provided by a registered institution) prior to performing work. 25 The
Government of the Syrian Arab Republic reported that it organized a course on safety and
health in building and construction in collaboration with the Arab Institute for
Occupational Safety and Health in 2015. With respect to training for workers’
representatives, the Government of South Africa reported that it conducts an annual five-
day training course for employees’ shop stewards and safety representatives in the sector
on construction regulations and the OSH Act, in collaboration with the Congress of South
African Trade Unions.
328. Certain workers’ and employers’ organizations provided information on the
measures that are being taken to ensure that workers in the sector receive adequate training.
For example, the Argentine Building Workers Union (UOCRA) and the General
Confederation of Labour of the Argentine Republic (CGT RA) pointed out that the
organization has developed and implemented training programmes for workers and trade
union representatives in the sector in Argentina. The General Union of Workers (UGT)
emphasized that construction workers in Spain are informed about the risks related to their
activities through induction workshops where best practices are discussed. Workers also
undertake specific courses which are recorded in their “professional construction card”,
20 Articles 2(f), 14(4), 15(1)(d), 17(3), 20(3), 22(1) and 26 of Convention No. 167.
21 For example, Guatemala – CEACR, Convention No. 167, direct request, published in 2006; Italy – CEACR,
Convention No. 167, direct request, published in 2012; Hungary – CEACR, Convention No. 167, direct request,
published in 2012; and Serbia – CEACR, Convention No. 167, direct request, published in 2013.
22 Section 3(2) of Government Decree on the Safety of Construction Work No. 205/2009.
23 For example, Belgium, China, Colombia, Philippines, Republic of Korea, South Africa and Ukraine.
24 For example, Argentina, Finland, Mexico and the United Kingdom.
25 Sections 31–32 of the Occupational Safety and Health Act No. 3532, of 31 December 1981.
Working together to promote a safe and healthy working environment
114 ILC.106/III/1B
and certain educational OSH measures are included in collective agreements. The
Employers’ Confederation of the Dominican Republic (COPARDOM) indicated that it
has developed and implemented educational plans and training programmes to promote
compliance with OSH legislation in construction.
329. However, certain other organizations underlined the lack of training provided to
workers in the sector. For example, according to the joint observations from the Building
and Wood Workers’ International (BWI) and the Construction and Building Materials
Industry Workers’ Union of Ukraine (CBMI) workers in Ukraine in the construction
sector performing work under short-term contracts, or without contracts at all, are not
provided with adequate safety and health training. With respect to training for workers
performing specific operations, the Austrian Chamber of Labour (AK) indicated that in
Austria there are no requirements concerning training for the operation of earth-moving
and materials-handling equipment, such as excavators and dump trucks, and that training
on OSH should be provided for roadrollers, as there are recurrent serious accidents
involving such equipment.
330. The Committee recalls that in its 2016 General Survey concerning the migrant
workers instruments, it noted that approximately 26.7 million migrant workers are
engaged in the construction and manufacturing industry. 26 In this regard, in examining
the application of Convention No. 167, the Committee has noted particular difficulties in
certain countries concerning the provision of adequate OSH training to migrant workers
in the construction industry. 27
331. In this connection, the Committee recalls that all workers in the construction
sector, including migrant workers, should be adequately trained in prevention and
protection measures. Measures in this respect could include ensuring that occupational
safety and health training is provided in a language understood by migrant workers and
that workers are trained regularly in order to keep their skills up to date in relation to
new prevention techniques, technological progress in general and new workplace
hazards. It also draws the attention of member States to the requirements under the
Convention that construction workers engaged in certain operations or performing
certain functions receive appropriate training and possess adequate qualifications, and
recalls that whenever new products, equipment and working methods are introduced,
special attention should be paid to informing and training workers on their implications
for safety and health. 28
26 ILO: Promoting fair migration: General Survey concerning the migrant workers instruments, Report III (Part
1B), ILC, 105th Session, Geneva, 2016, para. 15.
27 See, for example, China – CEACR, Convention No. 167, observation, published in 2013; Dominican Republic
– CEACR, Convention No. 167, direct request, published in 2014; and Norway – CEACR, Convention No. 167,
observation, published in 2015.
28 Paragraph 44 of Recommendation No. 175.
Developing a national safety and health culture, assessing occupational risks and specific preventive and protective measures
ILC.106/III/1B 115
Mining
Box 4.3
OSH training in mining
Article 10(a) of Convention No. 176 provides that:
The employer shall ensure that:
(a) adequate training and retraining programmes and comprehensible instructions are provided for workers, at no cost to them, on safety and health matters as well as on the work assigned;
...
332. The preparatory work for Convention No. 176 indicated that the findings from
accident analysis revealed most accidents in the mining sector are the result of human error
or unsafe practices, and accordingly that a significant reduction in accident frequencies
can only be achieved through comprehensive training and periodic retraining of
mineworkers. 29 Accordingly, the Convention requires employers to ensure both adequate
training and retraining on safety and health matters, at no cost to the worker, and provides
that workers’ implementation of their duties under the Convention shall be in accordance
with their training. 30 Training is also identified, in Recommendation No. 183 as an
important measure in encouraging cooperation between employers and workers and their
representatives. 31
333. A significant number of countries reported that the legislation requires training to be
provided to workers in mining, 32 while other governments referred to training
implemented in practice on safety and health in mining. 33 For example, the regulations
for mining and quarrying works in Greece provide that the manager of the project, under
the responsibility of the employer, shall ensure that workers are trained at regular intervals
on prevention measures and on the appropriate action to be taken in emergency situations.
The regulations also provide that all newly recruited workers, before taking up work, shall
attend an initial training programme covering: the provisions of the regulations on safety
and health, analysis of personal protective equipment, identification of dangerous
locations and situations, analysis of ways and means of escape and rescue, first-aid
instruction, and analysis of safety and health risks specific to their job and workstation, in
accordance with the results of the risk assessment and relevant instructions. At every
project where more than ten workers are employed, training is carried out at least once a
year for every specialty, and whenever working methods are changed or a new technology
introduced. 34 In this respect, the Government of Greece added that training programmes
must be drawn up and submitted to the Mines Inspectorate on a yearly basis, and to the
trade union associations of the workers of the project. OSH experts and workers’
representatives are also entitled to attend the training, and documentation must be kept and
forwarded to the Mines Inspectorate of the training implemented, including the list of
participants. In relation to small-scale mining, the Government of Suriname reported that
it has taken measures to improve hazardous working conditions by establishing mining
29 ILO: Safety and health in mines, Report V(1), ILC, 81st Session, Geneva, 1994, p. 18.
30 Articles 10(a) and 14 of Convention No. 176.
31 Paragraph 31 of Recommendation No. 183.
32 For example, Argentina, Australia, Greece, Japan, Republic of Korea, Spain, United Kingdom and Viet Nam.
33 For example, Colombia, Greece and Suriname.
34 Regulations on mining and quarrying works, 2011.
Working together to promote a safe and healthy working environment
116 ILC.106/III/1B
service centres and schools of mining and mineral processing in mining areas, which teach
small-scale miners about mine management and reducing the use of mercury.
334. The Committee notes the observations of the IOE highlighting that progress had been
made in the mining industry towards improving safety and health performance, including
through the introduction of training. The National Employers Association of Colombia
(ANDI) referred to the implementation by employers in Colombia of educational OSH
programmes for workers in this sector. The Committee has also noted indications by
workers’ organizations of the deleterious effects of gaps in training. For example, with
respect to the application of Convention No. 176 by Portugal, the Committee has noted
the observations of the General Workers’ Union (UGT) identifying the lack of vocational
training of miners as one of the causes of occupational accidents and fatalities. 35
335. Recalling that adequate training on safety and health issues is an important
contributor to the reduction of occupational accidents and diseases in mining, including
initial training for newly recruited workers and training provided at regular intervals,
the Committee underlines the importance of employers ensuring the provision of such
training to all workers, at no cost to the worker.
Agriculture
Box 4.4 OSH training in agriculture
Article 7(b) of Convention No. 184 provides that:
In order to comply with the national policy referred to in Article 4 of the Convention, national laws and regulations or the competent authority shall provide, taking into account the size of the undertaking and the nature of its activity, that the employer shall:
...
(b) ensure that adequate and appropriate training and comprehensible instructions on safety and health and any necessary guidance or supervision are provided to workers in agriculture, including information on the hazards and risks associated with their work and the action to be taken for their protection, taking into account their level of education and differences in language;
...
336. The preparatory work for Convention No. 184 highlighted the importance of training
on OSH matters for agricultural workers, recalling the high number of temporary or casual
workers in the sector and the many migrant workers performing seasonal work, who are
less likely to receive sufficient training. Moreover, agricultural workers are often expected
to be able to switch from one type of equipment to another, depending on the season and
the type of crop, and the safe operation of a variety of equipment requires specific
training. 36 The preparatory work therefore underlined that training in health and safety in
agriculture requires a pragmatic approach, providing those involved in agriculture with a
sound knowledge of work processes and production procedures; the means to identify,
assess and monitor work-related risk factors; information on first aid; and methodologies
for planning and implementing risk prevention. 37 Recommendation No. 192 emphasizes
that measures should be taken by the competent authority to ensure that self-employed
35 Portugal – CEACR, Convention No. 176, direct request, published in 2016.
36 ILO: Safety and health in agriculture, Report VI(1), ILC, 88th Session, Geneva, 2000, pp. 28 and 50.
37 ibid., p. 72.
Developing a national safety and health culture, assessing occupational risks and specific preventive and protective measures
ILC.106/III/1B 117
farmers enjoy safety and health protection afforded by the Convention, including
appropriate training. 38
337. In this connection, the Committee notes the indication by some member States that
national legislation requires the provision of training to workers in agriculture, 39 notably
on the use of technology or management of chemicals and pesticides, while other
governments reported the practical measures being implemented to train workers on safety
and health issues. 40 For example, the Government of Cyprus reported that the Department
of Labour Inspection carries out training through its OSH training centre, in cooperation
with the social partners, and that the department cooperates with the department of
agriculture to deliver specific OSH training programmes, with a particular focus on
educating new farmers. The General Union of Workers (UGT) indicated that more
experienced workers in Spain conduct induction talks for new workers in the agricultural
sector and that collective agreements also contain provisions on educational OSH
measures in agriculture.
338. The Convention requires that agricultural machinery and equipment be operated by
trained and competent persons, in accordance with national law and practice. 41 In this
respect, the Government of China reported that workers receive training on using
agricultural technology, and that the agriculture legislation requires the Government to
develop vocational education training in agriculture and to establish a system of
continuing education for professional agricultural technicians. The Government of the
United States indicated that the agricultural standards require employers to instruct all
employees working with farm field equipment, farmstead equipment and cotton gins on
the safe operation and servicing of the equipment. Recommendation No. 192 also provides
that the training provided to workers should include training on hazards and the
precautions to be followed in connection with the use of chemicals at work. 42 In this
respect, certain governments reported the provision of training to workers on chemicals
and pesticides. 43
339. Nonetheless, the Committee notes the indication by a few governments that not all
workers in the sector are provided with OSH training. For example, the Government of
the Republic of Korea reported that the OSH Act requires employers to provide safety and
health education to workers on a regular basis, but that agricultural worksites with fewer
than 50 workers are exempt from this requirement.
340. The Convention recognizes that different forms of training may be necessary taking
into account the workers’ level of education, as well as differences in language. 44 This is
particularly important in agriculture in light of the number of migrant workers engaged in
the sector, as well as the number of workers with reading difficulties. 45 In this regard, the
Committee notes that a number of governments have taken measures in law and practice
to ensure that OSH training and information is available in different languages. The
Government of Hungary reported the requirement in national legislation for employers to
38 Paragraph 13(1) and (2)(c) of Recommendation No. 192.
39 For example, Argentina, Belgium, and the United States.
40 For example China, Colombia, Cyprus and Iceland.
41 Article 10(b) of Convention No. 184.
42 Paragraph 7(2)(e) of Recommendation No. 192.
43 For example, Belgium and Iceland.
44 Article 7(b) of Convention No. 184.
45 ILO: Safety and health in agriculture, Report VI(1), ILC, 88th Session, Geneva, 2000, p. 28.
Working together to promote a safe and healthy working environment
118 ILC.106/III/1B
provide education and training to employees and safety representatives on certain risk
factors in a language understood by the workers, while in Sweden the work environment
authority has produced guidebooks in a variety of languages on agricultural topics. In
Finland, the Government provides a Russian language version of the guidebook for
seasonal employees on berry picking in the country. 46 The Confederation of Workers of
Argentina (CTA Autonomous) indicated that, because a great number of rural workers
in Argentina are illiterate and particularly vulnerable, the Government set up a specific
national authority tasked with registration and social protection services, as well as
education and training activities of these workers, including migrant workers.
341. In light of the varied nature of work in agriculture, and the specific risks involved,
the Committee stresses the importance of ensuring that workers receive adequate and
appropriate training on safety and health issues, tailored to their specific educational
background and language competencies, including, as appropriate, training related to
the exposure to specific hazards and the precautions to be followed in connection with
the use of chemicals at work. This includes appropriate training in particular with
regard to issues concerning women’s health relating to pregnancy, breastfeeding and
reproductive health.
OSH education and training for management and supervisors
342. Recommendation No. 197 highlights the importance of promoting mechanisms for
the delivery of OSH education and training, including for management and supervisors. 47
In this respect, the Committee notes the observations of the IOE indicating that compliance
with the law has to be accompanied by education, training and support towards compliance.
343. The Committee is pleased to note that a significant number of countries have
reported on measures taken to support the training of employers, managers and supervisors
on OSH. 48 For example, the Government of Poland reported that employers should
undergo training, and periodic retraining, on OSH related to their obligations. The
Government establishes framework programmes for the training of employers and
managers, which form the basis for the development of detailed training curricula. The
Government of the Philippines reported that the accredited safety training organizations
of the Department of Labour and Employment provide safety management courses and
safety audit courses for managers and supervisors, and that over 60,000 supervisors and
technical personnel have been trained over a five-year period.
344. A recent ILO report on decent work in global supply chains highlighted the provision
of training and assistance by employers’ organizations to enterprises on their legal
responsibilities and effective workplace compliance policies, as well as the role of lead
firms in promoting OSH in their supply chains. 49 In this respect, the National
Confederation of Industry (CNI) indicated that large companies in Brazil have supported
the implementation of OSH preventive programmes and cultural change in their supply
chains. The Australian Chamber of Commerce and Industry (ACCI) referred to a
programme implemented by the Master Builders Australia to provide safety and health
46 Finland – CEACR, Convention No. 184, direct request, published in 2011.
47 Paragraph 5(b) of Recommendation No. 197.
48 For example, Australia, Belarus, Cambodia, China, Croatia, Cyprus, Ethiopia, Japan, Indonesia, Mauritius,
Pakistan, Philippines, Poland, Qatar, Republic of Korea, Russian Federation, Turkmenistan, Ukraine and
Uzbekistan.
49 ILO: Decent work in global supply chains¸ Report IV, ILC, 105th Session, 2016, paras 138 and 152.
Developing a national safety and health culture, assessing occupational risks and specific preventive and protective measures
ILC.106/III/1B 119
training to leaders and supervisors in the construction sector, using state-of-the-art
technology to simulate a virtual work site for participants. The Confederation of
Employers of the Mexican Republic (COPARMEX) also referred to mandatory OSH
training for directors and supervisors in Mexico.
345. Noting that Convention No. 187 underlines the importance of support mechanisms
for a progressive improvement of OSH conditions in micro-enterprises and in SMEs, 50
the Committee highlights that the provision of training to managers and supervisors in
such enterprises can be an important tool in this regard. For example, the Government
of the Republic of Korea reported that the OSH agency provides safety and health
education for employers and managers of SMEs and distributes learning materials and
guidelines to assist them in OSH. In Malaysia, the department of OSH operates a
programme supporting SMEs which includes training programmes and services, as well
as instructions on how SMEs, can follow the applicable standards in practice. The
Government of the United States reported that the OSH Agency operates an on-site
consultation programme that advises small and medium-sized businesses on the creation
or improvement of their injury and illness prevention programmes, and that such services
have been provided to 28,000 small businesses, with priority given to high-hazard
worksites. 51 The Australian Chamber of Commerce and Industry (ACCI) indicated that a
number of jurisdictions in Australia have started to focus on the needs of small businesses
in relation to OSH, and that emphasis on education and support for these businesses had
been successful.
346. The Committee is mindful of the observations of a number of employers’ and
workers’ organizations indicating that further measures are necessary for the provision of
training to managers and supervisors. Several workers’ organizations in Finland (the
Central Organization of Finnish Trade Unions (SAK), the Confederation of Unions for
Professional and Managerial Staff in Finland (AKAVA) and the Finnish Confederation of
Professionals (STTK)) indicated that the capacities and know-how of employers regarding
OSH issues should be supervised more comprehensively, and that training of employers
on OSH issues should therefore be obligatory. The Federation of Korean Trade Unions
(FKTU) indicated that OSH training for employers is not prescribed in the Republic of
Korea, while the Sudanese Businessmen and Employers Federation (SBEF) indicated that,
in practice, there is a serious dearth of training systems at all levels in this area, and that
substantial efforts are needed for improvement in Sudan. The Australian Council of Trade
Unions (ACTU) indicated that managers and supervisors do not generally receive
adequate education and training enabling them to acquire the necessary skills and expertise
in order to perform their jobs. Business New Zealand underlined that many smaller
employers in New Zealand are likely to experience real difficulties knowing which
regulations apply to their own workplace and that the provision of guidance is essential.
347. Recalling that the active participation of employers is indispensable for securing
a safe and healthy working environment, the Committee encourages governments, in
consultation with employers’ and workers’ organizations, to examine measures that can
be taken to ensure that OSH training is available for managers and supervisors. It
encourages governments to consider the specific measures that could be taken in this
respect to support micro-enterprises and SMEs.
50 Article 4(3)(h) of Convention No. 187.
51 With respect to the on-site consultation programme, the American Federation of Labor and Congress of Industrial
Organizations (AFL-CIO) stated that compliance assistance programmes and outreach programmes for employers
are funded at a higher level than funding for training, education and outreach for workers.
Working together to promote a safe and healthy working environment
120 ILC.106/III/1B
Information and advisory services on OSH
Box 4.5 Information and advisory services
Article 4(3)(b) of Convention No. 187 provides that:
The national system for occupational safety and health shall include, where appropriate:
...
(b) information and advisory services on occupational safety and health;
...
348. The effective flow of information is an important foundation for the development of
a national preventative safety and health culture. 52 The provision of OSH information is
a key component of a national system 53 and, as underscored in the preparatory work for
Convention No. 187, the dissemination of information can take place through multiple
channels. 54 The examination in Chapter III of the right of workers to receive OSH
information, and the duty of workers to inform their employer about situations presenting
a risk to safety and health, highlighted the importance of information being communicated
both ways between workers and employers. As noted in Chapter V, the labour inspectorate
also plays a key role in disseminating information on safety and health.
349. Information and advisory services, including national information centres, play an
important role in facilitating the flow of OSH information. In this respect, the preparatory
work for Convention No. 187 explained that national OSH information centres may be
independent or part of national authorities, and that they perform the important function
of providing practical information on OSH risks and how they can be controlled
effectively, including through national databases of OSH literature and research. 55
National specialized bodies, such as central OSH agencies, dedicated institutes and
occupational health services, play a key role in conveying guidance and information on
how to apply OSH requirements, and facilitate broad access to reliable OSH knowledge. 56
350. A significant number of governments reported that their national OSH system
includes information and advisory services, reflecting the importance of such services. 57
For example, the Government of Zimbabwe reported that the national social security
authority has an information centre on OSH, which disseminates information through a
semi-annual magazine, posters, conferences, workshops and seminars. The Government
of Iraq reported that the National Centre for Occupational Health and Safety conducts
courses and seminars with a view to promoting a national preventative OSH culture, and
that it publishes and distributes leaflets, posters and folders. The Government of Mauritius
indicated that the OSH inspectorate includes an information centre on safety and health at
work which provides training and education. The joint observations of the Building and
Wood Workers’ International (BWI) and the Construction and Building Materials Industry
Workers’ Union of Ukraine (CBMI) indicated that the National Occupational Safety
52 Article 3(3) of Convention No. 187.
53 Article 4(3)(b) of Convention No. 187.
54 ILO: Promotional framework for occupational safety and health, Report IV(1), ILC, 93rd Session, Geneva, 2005,
para. 56.
55 ibid., para. 57.
56 ILO: General Survey on occupational safety and health, 2009, paras 112–113.
57 For example, Antigua and Barbuda, Bahrain, Belgium, Cyprus, Finland, Iraq, Mauritius, Saudi Arabia, Togo
and Zimbabwe.
Developing a national safety and health culture, assessing occupational risks and specific preventive and protective measures
ILC.106/III/1B 121
Research Institute in Ukraine undertakes research on numerous topics, including the
prevention of accidents and emergencies in mining and construction.
351. Certain governments and organizations indicated that special advisory and
information services exists for specific sectors. The Government of Austria reported that
the construction guild has created a specific portfolio presenting comprehensive
information on safety and health in construction. The Government of Suriname indicated
that it has set up mining service centres to address hazardous health conditions in small-
scale mining. The Government of Pakistan reported that provincial agriculture
departments provide information on health and safety in agriculture through seminars,
mass media, bulletins, publications and general awareness programmes, while the Swiss
Union of Peasants (USP) reported that the agricultural accident prevention advisory centre
and the foundation for agricultural safety have together formed a centre of expertise on
prevention in agriculture in Switzerland.
352. Recalling that the flow and availability of information remains an important
component of a national preventative safety and health culture, the Committee
welcomes the initiatives implemented in this regard and encourages governments, in
consultation with employers’ and workers’ organizations, to continue to take measures
to ensure that OSH information is available, accessible and communicated in a
comprehensible manner, including through the establishment and strengthening of
information and advisory services.
2. Assessment of occupational risks and hazards
Measures to promote risk assessment
Box 4.6 Measures to promote risk assessment
Article 3(3) of Convention No. 187 provides that:
In formulating its national policy, each Member, in light of national conditions and practice and in consultation with the most representative organizations of employers and workers, shall promote basic principles such as assessing occupational risks or hazards; combating occupational risks or hazards at source; and developing a national preventative safety and health culture that includes information, consultation and training.
353. Preventing occupational accidents and diseases first requires the identification of
hazards, followed by the determination of measures to address them. Accordingly, risk
assessment, as a principle and a practice, is essential to the preventative approach to safety
and health. Convention No. 187 provides that the assessment of occupational risks or
hazards is a basic principle that shall be promoted through the national OSH policy, 58 and
the national programme on occupational safety and health should according to
Recommendation No. 197 be based on the principles of the assessment and management
of hazards and risks, in particular at the workplace level. 59 Reflecting the importance of
prevention in the sectoral instruments, the key concept of assessment is also reflected in
these standards.
354. At the workplace, risk assessment is a practical tool for improving safety and health.
It consists of a process of identifying hazards, analysing and evaluating the risk associated
58 Article 3(3) of Convention No. 187.
59 Paragraph 7 of Recommendation No. 197.
Working together to promote a safe and healthy working environment
122 ILC.106/III/1B
with the hazards identified and determining the appropriate manner to eliminate or control
the hazard. It is indeed a continual process that consists in the careful examination of what
could cause harm to people and that enables a consideration of whether enough
precautions are in place or whether more should be done to prevent harm to those at risk,
including workers and members of the public. The five main steps for a successful risk
assessment at the workplace are: (1) identify the hazards; (2) identify who might be
harmed and how; (3) evaluate the risk and identify and decide on the safety and health risk
control measures; (4) record who is responsible for implementing which control measures,
and the time frame; and (5) record the findings, monitor and review the risk assessment
and update when necessary. 60
355. In this respect, the Committee welcomes the fact that numerous countries reported
the promotion of risk assessment, 61 with a significant number of governments indicating
that, under their national legislation, employers are required to undertake risk
assessments. 62 For example, in Spain, the Act on occupational risk prevention provides
that early planning, risk assessment and the elaboration of a coherent system of
preventative measures are the essential elements of effective occupational risk prevention
at the enterprise level. Employers must make an initial assessment of the risks to the safety
and health of workers, taking into account the nature of the activity, the characteristics of
the work and the workers performing them, the equipment used and the chemicals and
other substances present in the workplace. The assessment should be updated when
working conditions change, and the employer must undertake the necessary preventive
activities to eliminate or reduce the risks identified. 63 In Mauritius, the OSH legislation
provides that employers shall, within 30 days of the start of operations, undertake an
assessment of any risk to the safety and health of workers and identify the measures to be
implemented. The employer is required to keep a register of the findings of the
assessment. 64 The Government of Mexico reported that, pursuant to the Regulations on
safety and health at work, employers must develop a safety and health diagnosis to identify
unsafe or hazardous conditions, as well as physical, chemical or biological agents or
ergonomic and psychosocial risks, and prepare a plan documenting the preventive and
corrective measures to be taken.
356. Governments also reported on practical measures being taken to promote the
implementation of risk assessment at the level of the undertaking, particularly in SMEs.
For example, the Government of Greece reported that, in cooperation with the Hellenic
OSH Institute, an online interactive tool for the assessment of risks in small and very small
enterprises is available, aimed at helping such enterprises assess risks at the workplace,
monitor procedures, prepare reports and make decisions for the implementation of
preventive measures against such risks. The Government of the Republic of Korea
reported that, in order to promote risk assessment among small enterprises, it has
implemented various support programmes, including consultation and education on risk
60 ILO: A 5 Step Guide for Employers, Workers and Their Representatives on Conducting Workplace Risk
Assessments (Geneva, 2014).
61 See, for example, Australia, Bahrain, Belarus, Belgium, China, Colombia, Croatia, Denmark, Finland,
Germany, Greece, Iceland, Iraq, Japan, Kenya, Republic of Korea, Mexico, Norway, Philippines, Poland, Republic
of Moldova, Saudi Arabia, Singapore, Spain, Togo, Ukraine, United Kingdom, Uzbekistan, Bolivarian Republic of
Venezuela, Viet Nam and Zimbabwe.
62 See, for example, Bahrain, Belarus, Belgium, China, Croatia, Denmark, Finland, Germany, Iceland, Iraq, Japan,
Kenya, Republic of Korea, Mauritius, Mexico, Norway, Philippines, Poland, Republic of Moldova, Singapore,
Spain, Togo, Ukraine, United Kingdom, Uzbekistan, Bolivarian Republic of Venezuela and Viet Nam.
63 Section 16 of Act No. 31/1995 on occupational risk prevention.
64 Sections 10 and 11 of the Occupational Safety and Health Act 2005.
Developing a national safety and health culture, assessing occupational risks and specific preventive and protective measures
ILC.106/III/1B 123
assessments, and awards specific recognition for work sites that conduct such assessments.
The Government of the Netherlands reported that it has prepared approximately 150 tools
for risk assessment for use in specific branches, agreed upon by the social partners.
357. Concerning the importance of this process, the joint observations of the
Confederation of German Employers’ Associations (BDA) and the IOE stated that the
obligation of employers’ to conduct risk assessments constitutes the central pillar of OSH
in enterprises in Germany. Risk assessments that are conducted on the basis of specified
procedures are used to reveal existing hazards in the workplace so that appropriate
protective measures can be taken. The promotion of risk assessments is one of the main
goals of the Joint German OSH Strategy, and accident insurance institutions, employers’
associations and trade unions promote and provide guidance on such assessments.
358. Certain workers’ organizations highlighted issues concerning the conduct of risk
assessments in practice. The Federation of Korean Trade Unions (FKTU) indicated that,
while risk assessments are required in all workplaces by law, they are not undertaken in
practice. The FKTU stated that inspections in this regard are not sufficient, as there are no
provisions penalizing non-compliance. The National Confederation of United
Independent Unions (CONUSI) also emphasized that no risk assessment activities are
carried out in Panama. In their joint observations, the Building and Wood Workers’
International (BWI) and the Construction and Building Materials Industry Workers’
Union of Ukraine (CBMI) indicated that preventative risk management is not widely
applied in Ukraine. Moreover, workers and their occupational safety representatives were
not involved in the risk assessment process; they are not consulted and their views are not
taken into consideration by employers or state supervisory bodies.
Construction
359. Convention No. 167, as the oldest of the instruments examined, refers to assessment
at the national level of the safety and health hazards involved in the construction sector
and, with respect to the workplace, requires only that precautions be taken to ensure that
all workplaces are safe and without risk of injury to the safety and health of workers. 65
Recommendation No. 175 adds that construction work should be planned, prepared and
undertaken in such a way that: risks liable to arise at the workplace are prevented as soon
as possible; excessively or unnecessarily strenuous work positions and movements are
avoided; the organization of work takes into account the safety and health of workers;
materials and products are used which are suitable; and working methods are employed
which protect workers. 66
360. Numerous governments reported taking measures to promote the undertaking of risk
assessments in the construction sector. 67 For example, the Government of Bahrain
reported that, in addition to requirements in all sectors, the regulations concerning the
protection of workers in construction, building and civil engineering works require the
assessment of all worksite hazards and in particular of hazards related to heights, and the
measures previously taken to address risks be assessed. The Government of Greece
reported that in accordance with the OSH legislation, all employers should have a written
assessment of the risks to safety and health at work, carried out by qualified personnel,
and that, pursuant to the safety and health requirements at temporary or mobile
construction sites, the project contractor (or the owner of the project) shall ensure the
65 Articles 4 and 13 of Convention No. 167.
66 Paragraph 9 of Recommendation No. 175.
67 See, for example, Argentina, Australia, Austria, Bahrain, China, Croatia, Greece, France, Peru and Spain.
Working together to promote a safe and healthy working environment
124 ILC.106/III/1B
preparation of a safety and health plan and of a safety and health file based on the
assessment. In the Republic of Moldova, the National Confederation of Trade Unions of
Moldova (CNSM) reported that risk assessments are undertaken in the construction sector,
and unions provide support in this regard. Moreover, the Australian Council of Trade
Unions (ACTU) indicated that, in the building and construction industry in Australia,
unions and employers have made a concerted effort to ensure that the assessment of
occupational risks and hazards is mandatory in training for qualifications for the industry.
The Committee accordingly observes that, although Convention No. 167 does not
explicitly refer to undertaking risk assessments, this appears to be a common good practice
in the construction sector.
Mining
361. Convention No. 176 provides that, in taking preventive and protective measures, the
employer shall assess the risk and deal with it in the following order of priority: eliminate
the risk; control the risk at source; and minimize the risk by means that include the design
of safe work systems. 68
362. Certain governments reported that specific measures have been taken to promote risk
assessment in the mining sector. 69 The Government of Australia reported that risk
assessment is a central component of mine safety legislation, with additional risk
assessment duties applying to certain mines, particularly underground and large open cut
mines. These duties include the development of a comprehensive and systematic safety
assessment for major mining hazards. The Government of Iceland reported that, pursuant
to the requirement to improve safety and health protection for workers in surface and
underground mineral-extraction industries, employers in mining shall ensure that a
document on safety and health is drawn up and kept up to date. The document must include
an assessment of the risks to which workers at the mining workplace are exposed.
363. The IOE observed that the progress made in the global mining industry in recent
years has been linked to the introduction of procedures such as assessment, and that
companies in the mining industry are therefore able to rehearse the type of behaviour
needed to reduce risk. The Committee recalls in this respect the practical guidance
contained in the Code of practice on safety and health in underground coalmines related
to hazard identification, risk assessment and control. 70
Agriculture
364. In accordance with Convention No. 184, laws and regulations or the competent
authority shall require the employer to carry out appropriate risk assessments in relation
to the safety and health of workers and, based on the results, adopt preventive and
protective measures. Acknowledging the diversity of undertakings in the sector, the
Convention provides that these obligations shall be prescribed taking into account the size
of the undertaking and the nature of its activity. 71
68 Article 6(a)–(c) of Convention No. 176.
69 See, for example, Argentina, Australia, Chile, Denmark, Ecuador, Greece, Iceland, Japan, Peru and Republic of
Korea.
70 ILO: Code of practice on safety and health in underground coalmines, Sectoral Activities Programme, ILO
(Geneva, 2006), paras 5.2.1–5.2.6.
71 Article 7 of Convention No. 184.
Developing a national safety and health culture, assessing occupational risks and specific preventive and protective measures
ILC.106/III/1B 125
365. A few governments reported on legislative measures requiring employers in
agriculture to undertake risk assessments, 72 while certain governments indicated that
measures are being taken to promote and support risk assessments in the sector. 73 For
example, the Government of Ethiopia reported that in the agriculture sector, particularly
horticulture farms, an assessment of occupational risks and hazards must be carried out
twice a year for enterprises to qualify for recognition under a local standard in the
horticulture sector. The Government of Turkey reported that manuals for risk assessment
have been developed to provide guidance for six branches of agriculture.
366. Certain employers’ and workers’ organizations highlighted the difficulties of
undertaking risks assessments in the sector. The National Confederation of Trade Unions
of Moldova (CNSM) indicated that risk assessments are not performed in agriculture in
the Republic of Moldova, and no action has been taken to promote risk assessments in the
respective workplaces. The IOE, in highlighting certain difficulties with respect to
Convention No. 184, observed that the Convention assumes that farmers have sufficient
infrastructure to conduct risk assessments.
* * *
367. The Committee considers that promoting the assessment of occupational risks and
hazards, as described above, is a basic principle of occupational safety and health and
a crucial element for the development of a safety and health culture. Emphasizing that
risk assessment is the key first step in the prevention of occupational accidents and
diseases, and assessments constitute a vital tool for improving safety and health
conditions at the workplace and a central element of safety and health management, the
Committee encourages governments, in consultation with employers’ and workers’
organizations, to make efforts in this regard.
Measures aimed at minimizing or
eliminating risks to workers
368. Once work-related hazards and risks are identified, the protection of workers
necessitates measures for their elimination or minimization. In this spirit, under
Convention No. 187, the elimination and minimization of hazards and risks, so far as is
reasonably practicable, is an essential component of the national OSH programme in order
to prevent occupational injuries, diseases and deaths and promote safety and health in the
workplace. 74 The importance of eliminating and minimizing hazards is also reflected in
the sectoral Conventions.
369. Numerous governments reported legislation requiring that measures be taken to
eliminate or minimize risks in the workplace, which are normally linked to the requirement
of conducting risk assessments. 75 For example, in Singapore, workplace safety and health
regulations on risk management provide that the employer, self-employed person or
principal shall, on the basis of a risk assessment, take all reasonably practicable steps to
eliminate any foreseeable risk to persons in the workplace. Where it is not reasonably
practicable to eliminate a risk, they shall implement such reasonably practicable measures
to minimize the risk and establish safe work procedures to control the risk. The legislation
72 For example, Argentina and Austria.
73 For example, Ethiopia, Germany and Turkey.
74 Article 5(2)(b) of Convention No. 187.
75 For example, Belgium, Finland, Germany, Hungary and Kenya.
Working together to promote a safe and healthy working environment
126 ILC.106/III/1B
explains that these measures may include substitution, engineering control, administrative
controls or the provision and use of suitable personal protective equipment. 76 In Belgium,
the national legislation requires employers, on the basis of a risk assessment, to adopt
preventive measures for each group of workstations or, in relation to individual functions,
steps relating to the organization of the enterprise and the methods of work and production,
including measures to change the lay-out of the workplace, adapt workstations, examine
the work equipment and chemical substances used and take protective measures against
chemical, biological and physical risks. The preventive measures taken to address the risks
identified must be contained in the annual action plan to promote welfare at work. 77
Construction
370. Convention No. 167 requires that all appropriate precautions be taken to ensure that
all workplaces are safe and without risk of injury to the safety and health of workers. 78 In
this respect, the preparatory work of the Convention highlighted that accidents in
construction are often related to hazards, such as work at heights or the falling of objects,
the collapse of excavations and earthworks, the use of fast moving vehicles (which are
even more hazardous when operated on rough terrain or with poor visibility), the
temporary use of electricity, including the risk of accidental contact with buried cables and
overhead power lines, and specific hazards associated with painting and demolition work.
The rapid changes in the nature of operations as the work progresses mean that hazards on
construction sites change from day to day. 79
371. The Convention therefore provides that, where a worker is liable to be exposed to
any chemical, physical or biological hazard to such an extent as may be dangerous to
health, appropriate preventive measures shall be taken against such exposure, including:
the replacement of hazardous substances by harmless or less hazardous substances
wherever possible; and technical measures applied to the plant, machinery, equipment or
process. 80 In this respect certain countries reported additional requirements concerning
the elimination and minimization of risks in the construction sector. 81 The Government
of Austria, for its part, reported that the labour inspectorate and the social partners are
involved in campaigns to minimize or eliminate risk on construction sites through
information publications and advice campaigns, including taking measures to avoid falls
from heights, the safety of ladders and the proper handling of asbestos. In Finland, the
Decree on safety in construction requires the project supervisor, as systematically as
necessary, to analyse and identify the hazards and risks at the site. Such hazards and risks
must be eliminated by appropriate means or, when it is not possible to eliminate them,
their significance must be evaluated with regard to the health and safety of those working
at the site and other persons in the zone affected by the work. 82
Mining
372. With respect to mining, Convention No. 176 provides that, in taking preventive and
protective measures, the employer shall deal with risks identified first by eliminating the
76 Chapter 354A, section 65 of the Workplace Safety and Health Act 2006.
77 Royal Decree of 27 March 1998 on a policy for the welfare of workers in the performance of their work.
78 Article 13 of Convention No. 167.
79 ILO: Safety and health in construction, Report V(1), ILC, 73rd Session, Geneva, 1987, pp. 5 and 7–9.
80 Article 28 of Convention No. 167.
81 For example, Belgium and Suriname.
82 Sections 3(2), 10(2), 33(4) and 70 of the Decree on Safety in Construction, No. 205/2009.
Developing a national safety and health culture, assessing occupational risks and specific preventive and protective measures
ILC.106/III/1B 127
risk, then by controlling the risk at source, followed by the minimization of the risk by
measures that include the design of safe work systems. Where workers are exposed to
physical, chemical or biological hazards, the employer shall take appropriate measures to
eliminate or minimize the risks resulting from exposure to those hazards. 83 In the mining
sector, these hazards may include: airborne dusts; flammable, toxic, noxious and other
mine gases; fumes and hazardous substances; exhaust fumes from diesel engines; oxygen
deficiency; radiation from rock strata, equipment or other sources; noise and vibration,
extreme temperatures; high levels of humidity; insufficient lighting or ventilation; hazards
related to work carried out at high altitudes or extreme depths, or in confined spaces;
hazards associated with manual handling; hazards related to mechanical equipment and
electrical installations; and hazards resulting from a combination of any of these. 84
373. Certain countries reported specific requirements relating to the elimination and
minimization of risks in mining. 85 For example, the regulations on safety and health in
mining in Peru require the holder of the mining permit to identify the hazards present in
the mine and then take measures to control, correct and eliminate the risks in the following
order: elimination, or substitution of the hazard; engineering controls; administrative
controls as well as signs and warnings; and, finally, the provision of personal protective
equipment. 86 In Finland, the mining legislation provides that, when ensuring mining
safety, the mining operator shall: identify hazards; eliminate hazards or, if that is not
feasible, define safety objectives concerning the limitation of hazards and undertake
measures to limit the detrimental consequences caused by hazards so as to render them as
minimal as possible; implement measures necessary for the prevention of accidents and
prepare for rescue measures; implement generally effective measures prior to individual
ones; and take account of the development of technology and other methods available.
The mining operator shall maintain an up-to-date account of the assessment. 87 The
Government of Greece reported that, in addition to employers’ obligations regarding the
identification of risks and measures for their elimination or minimization, the mining
regulations require the provision of recommendations and advice by a technical safety
officer, verified by a mine inspector, concerning among others, information and guidance
on the prevention of occupational hazards. 88
Agriculture
374. With a view to the minimization and elimination of risks in agriculture, Convention
No. 184 requires that preventive and protective measures be taken pursuant to appropriate
risk assessments undertaken. 89 These measures should include risk assessment and
management measures in the following order of priority: elimination of the risk; control
of the risk at the source; minimization of the risk by such means as the design of safe work
systems; and the introduction of technical and organizational measures and safe practices
and training. 90 With respect to the agricultural sector, certain governments reported
83 Articles 6, 7 and 9 of Convention No. 176.
84 Recommendation No. 183.
85 For example, Greece, Japan and Peru.
86 Sections 88–89 of Supreme Decree No. 055-2010-EM approving the Regulations on occupational safety and
health and other complementary measures in mining. 87 Sections 113–114 of the Mining Act No. 621/2011.
88 Section 17 of the Regulations on mining and quarrying works, 2011.
89 Article 7 of Convention No. 184.
90 Paragraph 5 of Recommendation No. 192.
Working together to promote a safe and healthy working environment
128 ILC.106/III/1B
specific measures to minimize risks related to pesticides. 91 For example, the Government
of Japan reported that guidelines have been formulated for the safety of those engaged in
spraying pesticides, and safety measures implemented, including the formulation of
spraying plans. The Government of Myanmar indicated that, under the legislation on
pesticides, training for certified pesticide operators includes courses on the handling and
application of pesticides aimed at minimizing or eliminating the risk to workers.
375. With regard to the climate, rural workers are exposed to weather and environmental
factors as they carry out their work. In particular, ambient air temperature, humidity, wind,
dust storms, precipitation and solar radiation are important potential hazards. Most
agricultural activity occurs out of doors and is subject to ambient thermal, environmental
and lighting conditions, although some agricultural enterprises control such factors by
using greenhouses, tunnels and conditioned caves. 92
New and emerging risks
376. While Convention No. 187 provides that the national programme shall contribute to
the protection of workers by eliminating or minimizing work-related hazards and risks,
Recommendation No. 197 highlights the importance of identifying new and emerging
hazards and risks in the workplace. In this respect, the preparatory work for the Convention
underlined the important role that national programmes, if based on sufficient and timely
data, can play in addressing emerging occupational diseases, particularly those of a
psychosocial nature. 93 In this respect, the Committee notes that a number of governments
have taken preventive measures to address psychosocial hazards and risks 94 through their
national OSH programmes, as well as other initiatives, including the sensitization of the
labour inspectorate on the issue. 95
377. The Committee welcomes such initiatives, recognizing that the way in which work
is organized and managed has changed fundamentally over the last few decades, raising
new OSH questions. An accelerating trend towards digitalization has led to new working
models, accompanied by new risks, including a rise in psychosocial hazards caused by,
among other factors, poor work design, the lack of a social work context, the proliferation
of information and communication technology (ICT) and the emergence of new forms of
employment, including the so-called platform economy. For example, though ICT
provides workers with an opportunity to better respond to the demands of private life and
offers the opportunity to work wherever convenient and best suited to the nature of the
task, it has also resulted in the boundaries between private life and work becoming
91 For example, Belgium, Japan, Myanmar and Ukraine.
92 ILO: Code of practice on safety and health in agriculture, Sectoral Activities Programme (Geneva, 2010),
section 17.1.1.
93 ILO: Promotional framework for occupational safety and health, Report IV(1), ILC, 93rd Session, Geneva, 2005,
para. 83. The Report noted, in this respect, components of the OSH programmes of Denmark, Japan and the
European Union addressing specifically psychosocial risks, Annex I, pp. 35, 39 and 48.
94 Psychosocial hazards are “interactions between and among work environment, job content, organizational
conditions and workers’ capacities, needs, culture, personal extra-job considerations that may, through perceptions
and experience, influence health, work performance and job satisfaction”. ILO: Workplace Stress, a collective
challenge (Geneva, 2016), p. 2.
95 For example, Colombia and Spain. See also Austria – CEACR, Convention No. 81, observation, published in
2011; Belgium – CEACR, Convention No. 81, direct request, published in 2016; Denmark – CEACR, Convention
No. 155, direct request, published in 2012; El Salvador – CEACR, Convention No. 129, direct request, published
in 2016; Greece – CEACR, Convention No. 81, direct request, published in 2013.
Developing a national safety and health culture, assessing occupational risks and specific preventive and protective measures
ILC.106/III/1B 129
increasingly blurred. 96 Moreover, with respect to the increasing emergence of
crowdwork, 97 studies have indicated that psychosocial risks for crowdworkers include the
requirement to perform work on very short notice, and that ratings from clients lead to
additional pressure as they may determine not only whether the worker is in a position to
charge a reasonable rate, but also whether he will continue to receive work at all. 98
378. Technical innovation, including the introduction of new technologies such as
nanotechnology and biotechnology, can involve new occupational risks, and rapid
advancements may mean the introduction of technology before the risks to workers are
fully understood. 99 The growing use of cyber-physical systems (intelligent robotic
systems) in manufacturing raises new issues in the field of OSH. Such systems can have
beneficial effects in relation to safety, for example with regard to work that involves the
lifting of heavy weights. However, the high level of dynamism in the workplace as well
as the physical impact that the action of robots has on the surrounding area require
continual assessment to monitor possible risks to workers.
379. For addressing new and growing risks, including those mentioned above, the national
policy process is an essential framework, with its emphasis on continual improvement and
periodic review based on an analysis of the national situation. Moreover, new realities in
the workplace, and the accompanying risks, should be considered within the development,
in consultation with the social partners, of the national OSH system. The progressive
development and periodic review of the national OSH system offers an important
opportunity for a balanced approach that ensures that changing work realities do not
jeopardize the safety and health of workers. This can include reviewing existing legal
frameworks, as well as examining the application of established practices to new forms of
work, including digital work. The formulation and adoption of national OSH programmes
enables the implementation of targeted measures to address risks, including psychosocial
risks, and sufficient and accurate data is essential in this respect.
380. The Committee recalls the importance of addressing emerging workplace hazards
and risks by continuously building and strengthening a preventative safety and health
culture. 100
96 ILO: Workplace Stress, a collective challenge (Geneva, 2016), p. 4. For example, according to a recent study
that covers, among others, all Member States of the European Union, working in one’s leisure time to meet work
demands is carried out by almost one worker in five several times a month (Eurofound, Sixth European Working
Conditions Survey, 2015).
97 The term refers to working activities that imply completing a series of tasks through online platforms.
98 European Agency for Safety and Health at Work, Discussion Paper, A Review on the Future of Work: Online
Labour Exchanges or “Crowdsourcing”: Implications for Occupational Safety and Health, 2015.
99 ILO: Emerging risks and new patterns of prevention in a changing world of work (Geneva, 2010), pp. 2–4.
100 ILO: General Survey on occupational safety and health, 2009, para 8.
Working together to promote a safe and healthy working environment
130 ILC.106/III/1B
Personal protective equipment and clothing
Box 4.7 Personal protective equipment and clothing
Construction
Article 30(1) of Convention No. 167 provides that:
Where adequate protection against risk of accident or injury to health, including exposure to adverse conditions, cannot be ensured by other means, suitable personal protective equipment and protective clothing, having regard to the type of work and risks, shall be provided and maintained by the employer, without cost to the workers, as may be prescribed by national laws or regulations.
Mining
Articles 6(d) and 9(c) of Convention No. 176 provide that:
Article 6(d)
In taking preventive and protective measures under this Part of the Convention the employer shall assess the risk and deal with it in the following order of priority:
...
(d) in so far as the risk remains, provide for the use of personal protective equipment, having regard to what is reasonable, practicable and feasible, and to good practice and the exercise of due diligence.
Article 9(c)
Where workers are exposed to physical, chemical or biological hazards the employer shall:
...
(c) where adequate protection against risk of accident or injury to health including exposure to adverse conditions cannot be ensured by other means, provide and maintain at no cost to the worker suitable protective equipment, clothing as necessary and other facilities defined by national laws or regulations;
...
Agriculture
Paragraph 5(b)(iv) of Recommendation No. 192 provides that:
To give effect to Article 7 of the Convention, a set of measures on safety and health at the level of the undertaking should include:
...
(iv) in so far as the risk remains, provision and use of personal protective equipment and clothing, at no cost to the worker;
...
381. Protective measures are the essential last step in preventing accidents or injury to
health. In this respect, the sectoral instruments identify that the provision of suitable
personal protective equipment and clothing to be absolutely necessary when risks cannot
be adequately addressed through measures to eliminate or minimize them. 101
382. The Committee welcomes that numerous countries reported on legislative measures
requiring the provision of personal protective equipment to workers. 102 For example, in
Ethiopia, the employer is required to provide workers, free of charge, with protective
101 In addition, the Guidelines on occupational safety and health management systems (ILO–OSH 2001) provide
that, where residual hazards/risks cannot be controlled by collective measures, the employer should provide for
appropriate personal protective equipment, including clothing, at no cost, and should implement measures to ensure
its use and maintenance (paragraph 3.10.1.1).
102 For example, Austria, Bahrain, Belarus, Belgium, China, Colombia, Cuba, Cyprus, Denmark, Ethiopia,
Germany, Greece, Honduras, Iceland, Indonesia, Iraq, Kenya, Republic of Korea, Mauritius, Republic of Moldova,
Nicaragua, Poland, Qatar, Spain, Suriname, Ukraine, United Kingdom and Bolivarian Republic of Venezuela.
Developing a national safety and health culture, assessing occupational risks and specific preventive and protective measures
ILC.106/III/1B 131
equipment and clothing and to instruct them on its use, 103 and the Government reported
that labour inspectors conduct planned inspections examining the delivery and proper use
of such equipment. In Ukraine, the employer must ensure, at no expense to the worker,
the purchase, acquisition, delivery and maintenance of personal protective equipment, and
any such clothing or equipment paid for by the employee must be reimbursed. 104 The
Government of Ukraine reported in this regard that regulations have been adopted
concerning specific clothing, footwear and other personal protective equipment.
383. In addition, certain governments have also reported the establishment of specific
requirements in relation to construction, agriculture or mining. For example, the
construction regulations prescribe the provision of personal protective equipment in that
sector, while the Decree on safety in construction in Finland contains detailed
requirements related to personal protective equipment, with inspections monitoring that
such equipment is appropriate for its purpose and in compliance with the prescribed
requirements. 105 With respect to mining, Convention No. 176 underlines that personal
equipment shall be provided having regard to what is reasonable, practicable and feasible.
For example, the regulations for mining and quarry works in Greece require employers to
provide every worker with appropriate protective equipment (acknowledged by the worker
in writing), detailing specifically the equipment that shall be provided, and the frequency,
based specifically on the working conditions and the risks present. 106 With respect to
agriculture, the Government of Mauritius reported that, pursuant to legislation concerning
the sugar industry, every worker engaged in spraying herbicides or pesticides shall be
provided with the necessary protective equipment.
384. Observations provided by several workers’ organizations underlined difficulties in
the provision of personal protective equipment. The New Zealand Council of Trade
Unions (NZCTU) indicated that, despite legislative requirements in New Zealand relating
to the provision of personal protective equipment, in many industries there is widespread
non-compliance with the law. The NZCTU added that labour hire companies sometimes
require employees to provide their own personal protective equipment, or charge
employees for the provision of personal protective equipment. The National Confederation
of United Independent Unions (CONUSI) indicated that employers in Panama often do
not provide the required protective equipment. According to the Australian Council of
Trade Unions (ACTU), employers often do not provide the required personal protective
equipment in Australia, especially in relation to certain groups of workers, including
casual workers and workers incorrectly classified as independent contractors. The
Confederation of Workers of Argentina (CTA Autonomous) indicated that a
103 Section 92 of Labour Proclamation No. 377/03, 2003.
104 Section 8 of the Law on Labour Protection.
105 Sections 14 and 17 of the Decree on Safety in Construction, No. 205/2009.
106 Pursuant to section 8 of the Regulations on mining and quarrying works, 2011, the employer shall provide the
following protective equipment: a helmet; at least one pair of reinforced toe anti-skid boots annually, in case there
is a risk of objects or materials falling; at least one pair of reinforced toe high rubber boots annually, for all workers
in positions where mud or water are present; at least one full body and fitted pair of overalls every semester for all
workers working at workstations near rotating machine parts; one raincoat in workstations where water or mud
falls or is ejected; a pair of suitable gloves, as appropriate; a pair of goggles or mask, as appropriate, for all workers
at workstations with specified conditions; a suitable mask as appropriate for all workers in workstations where dust
or vapours or gases are generated; a suitable mask for all workers in workstations where dust or vapours or gases
are generated; a pair of suitable ear protectors or earplugs for all workers at workstations where the noise level
exceeds the permissible limits; a safety belt or other fall protection system for all workers at workstations where
there is a risk of falling; a personal electric lamp for all workers in underground works or wherever it is needed; a
reflective jacket or other means for all workers in areas where there is frequent movement of machinery and the
visibility is poor; and anything else necessary to address risks from specific works.
Working together to promote a safe and healthy working environment
132 ILC.106/III/1B
contributing factor to the high number of occupational accidents in mining is the lack
of adequate personal protective equipment, especially when workers are employed in
harsh working conditions.
385. The Committee recalls that, while priority is given to eliminating and minimizing
risks, the adoption of effective protective measures remains an essential level of
protection of workers for the prevention of occupational accidents and diseases. Noting
the large number of countries reporting legislative requirements relating to the
provision of personal protective equipment and clothing at no cost to the worker, the
Committee calls on governments to ensure that these requirements are implemented in
practice in relation to all workers, including those in non-standards forms of
employment.
3. Other prevention and protection measures
Health and safety requirements related to
the handling and disposal of hazardous
substances and waste
386. Each of the sectors covered by the present Survey involve work with hazardous
substances and waste. The respective Conventions therefore contain requirements on
measures to protect workers in the handling of such substances. In this regard, a number
of governments reported the legislative measures adopted on the handling and disposal of
hazardous substances, 107 with a number of countries adding that specific measures have
been taken in this respect in construction, mining and agriculture.
387. With respect to construction, Convention No. 167 focuses on the disposal of waste,
providing that it shall not be destroyed or otherwise disposed of on a construction site in
a manner that is liable to be injurious to health. 108 Recommendation No. 175 adds that the
health of workers and of the public and the preservation of the environment should be
safeguarded in the removal and disposal of waste, as prescribed by national laws and
regulations. 109
388. Certain countries reported the adoption of specific measures regarding the removal
and disposal of hazardous waste in construction, including the Governments of Belarus,
Belgium, China, Cyprus and Spain. Some countries provided information on additional
requirements relating to the disposal of asbestos, a substance posing a specific risk to
workers in construction. 110 For example, the Government of Greece referred to specific
precautions that must be taken by enterprises engaged in demolition and the removal of
asbestos and/or asbestos containing materials from buildings, construction and
equipment. 111 The Government of Poland referred to the ordinance on the safe
management of asbestos, which outlines the specific obligations of contractors with
respect to the methods for the safe handling and disposal of products containing asbestos,
the preparation of such products for transport, and the transportation of products and waste
107 For example, Austria, Bahrain, Belgium, China, Croatia, Norway, Poland, Qatar, Republic of Korea,
Singapore, Suriname and Uganda.
108 Article 28 of Convention No. 167.
109 Paragraph 41(3) of Recommendation No 175.
110 For example, Greece, Iceland, Poland and the United Kingdom.
111 Conditions for the establishment and operation of enterprises engaged in carrying out demolition and asbestos
removal work and/or materials containing asbestos (JMD 4229/395/2013).
Developing a national safety and health culture, assessing occupational risks and specific preventive and protective measures
ILC.106/III/1B 133
containing asbestos to storage. In this connection, the Committee recalls the provisions
contained in the Asbestos Convention, 1986 (No. 162), particularly concerning the
demolition of plants or structures containing friable asbestos insulation materials, and the
removal of asbestos from buildings or structures in which asbestos is liable to become
airborne. 112
389. The Autonomous Confederation of Workers’ Unions (CASC), the National
Confederation of Dominican Workers (CNTD) and the National Confederation of Trade
Union Unity (CNUS) indicated that several regulations on the use of hazardous substances
are not applied in practice by the majority of construction enterprises in the Dominican
Republic. The Union of Forestry Department Employees Sarawak (UFES) in Malaysia
indicated that there was a lack of protection measures in construction in relation to asbestos,
demolition waste and chemical wastes. The New Zealand Confederation of Trade Unions
(NZCTU) expressed support for the introduction of stronger and more prescriptive
regulations for work involving asbestos in New Zealand.
390. In relation to hazardous substances in mining, Convention No. 176 provides that
national laws and regulations shall specify the requirements for the safe storage,
transportation and disposal of hazardous substances used in the mining process and waste
produced at the mine. A few governments reported taking measures specifically with
respect to the storage, transportation and disposal of hazardous substances in mining. For
example, the Government of Greece reported that, in addition to general legislative
provisions relating to the handling of hazardous substances and waste, the Regulations on
mining and quarrying works contain specific requirements related to the management of
mining waste resulting from the extractive industry, as well as other wastes (such as
sewage, mineral oils and batteries). The Government of the Republic of Korea reported
that the rules on mining provide that mining waste and airborne dust shall be collected in
separate storage areas and specific measures taken to prevent leakage or escape during
transportation, in addition to requirements for the purification, disposal and management
of waste water and mine water. These rules provide that hazardous mining waste must be
stored at separate storage locations to prevent ground penetration and cannot be buried in
mines.
391. With respect to agriculture, the most commonly used hazardous substances in the
sector are fertilizers and pesticides, 113 which can present significant risks to workers in
the sector if appropriate measures are not taken. 114 Convention No. 184 requires the
competent authority to take measures to ensure that there is a suitable system for the safe
collection, recycling and disposal of chemical waste, obsolete chemicals and empty
containers so as to avoid their use for other purposes and eliminate or minimize the risks
to safety and health and the environment. 115 Moreover, it must be ensured that there are
preventive and protective measures for the use of chemicals and the handling of chemical
waste at the level of the undertaking, covering: the preparation, handling, application,
storage and transportation of chemicals; agricultural activities leading to the dispersion of
chemicals; the maintenance, repair and cleaning of equipment and containers for
112 Article 17 of Convention No. 162. Convention No. 162 is recalled in the preambles to both Convention No. 167
and Recommendation No. 175.
113 ILO: Safety and health in agriculture, Report VI(1), ILC, 88th Session, Geneva, 2000, p. 27.
114 For example, the General Union of Workers (UGT) indicated that Brazil is one of the largest consumers of
pesticides, which entail serious consequences in terms of OSH in the agricultural sector, in particular linked to
pesticide spraying.
115 Article 12 of Convention No. 184.
Working together to promote a safe and healthy working environment
134 ILC.106/III/1B
chemicals; and the disposal of empty containers and the treatment and disposal of chemical
waste and obsolete chemicals. 116
392. The Committee notes that certain countries reported on the specific protective and
preventive measures required by national legislation with respect to hazardous substances
in the agricultural sector. 117 For example, the Government of Ukraine referred to the law
on pesticides and agrochemicals, establishing the requirements for the disposal of
pesticides and agrochemicals, including packaging, as well as their transportation, storage,
application, disposal and neutralization. The legislation also provides that pesticides must
be packaged and labelled in accordance with the relevant rules, and every item
accompanied with instructions indicating the methods of use, restrictions and prohibitions
on application, the safety measures to be taken, and those for transportation and storage. 118
In Uganda, the agricultural chemicals control Act and Regulations establish requirements
for the safe handling and disposal of agricultural chemicals, including protective
equipment and first-aid facilities for the protection of workers using agricultural chemicals,
and specific measures for those engaged in fumigation or the commercial application of
chemicals. 119
393. The Committee emphasizes the importance of protecting workers, and when
appropriate the environment, from the harmful effects of the handling and disposal of
hazardous substances, including asbestos, and calls on governments to take protective
and preventive measures in this regard, particularly in light of the specific risks facing
workers in the construction, mining and agricultural sectors. In this connection, the
Committee draws attention to the requirements in the Chemicals Convention, 1990
(No. 170) and the Asbestos Convention, 1986 (No. 162), as well as the guidance
contained in the Chemicals Recommendation, 1990 (No. 177) and the Asbestos
Recommendation, 1986 (No. 172), which provide respectively additional indications on
measures that can be taken on safety in the use of chemicals at work and asbestos. 120
394. With reference to Article 12 of Convention No. 184 and Paragraph 41 of
Recommendation No. 175, which both underline the relation between workers’ health
and the protection of the environment through proper disposal of waste, the Committee
highlights the importance of the environmental impact of OSH measures.
116 Article 13 of Convention No. 184.
117 For example, China, Cyprus, Germany, Iceland, Poland, Uganda and Ukraine.
118 Law No. 86/95-BP on Pesticides and Agrochemicals (Consolidation), of 18 March 2004.
119 The Control of Agricultural Chemicals Act of 5 April 2007.
120 The Convention provides a number of measures that are to be taken with regard to safety in the use of chemicals:
(1) Adoption by the competent authority of a system of classification of all chemicals for labelling and marking
and establishment of a chemical safety data sheet containing detailed essential product information; (2) Obligation
on the part of suppliers and employers to identify their products in accordance with this data sheet; (3) Imposition
of certain responsibilities on employers regarding the time of exposure of their workers to hazardous chemicals,
risk assessment, controls, administration of first aids, training delivery, etc. With respect to workers, they have the
duty to cooperate with employers and to respect procedures, as well as the right to remove themselves from danger.
With regard to the disposal of no longer required hazardous chemicals or their empty containers which may contain
residues, they shall be handled or disposed of in a manner which eliminates or minimizes the risk to safety and
health, as well as the environment.
Developing a national safety and health culture, assessing occupational risks and specific preventive and protective measures
ILC.106/III/1B 135
Occupational health services
395. Convention No. 187 highlights occupational health services as an important element
of the national OSH system. 121 These are services entrusted with essentially preventive
functions, responsible for advising employers, workers and their representatives in the
undertaking on the requirements for the establishment and maintenance of a safe and
healthy working environment which facilitates optimal physical and mental health in
relation to work; as well as on the adaptation of work to the capabilities of workers in the
light of their state of physical and mental health. 122 The functions of occupational health
services include the identification and assessment of the risks from health hazards in the
workplace; surveillance of factors in the working environment and working practices
which may affect workers’ health; surveillance of workers’ health in relation to work;
promotion of the adaptation of work to the workers; and participation in the analysis of
occupational accidents and occupational diseases. 123
396. In this respect, a number of governments highlighted the role of occupational health
services in their national OSH systems, including the Governments of Ecuador, Estonia,
Hungary, Mexico, Myanmar, Norway, Pakistan, Philippines and Uruguay. For example,
the Government of Estonia indicated that its OSH strategy, adopted in 2010, identifies
occupational health services as a priority. The Government of Hungary stated that these
services play an important role in creating healthy and safe working conditions, and their
provision is mandatory for all employers.
Adequate supply of safe drinking water and
adequate welfare facilities at workplaces
Box 4.8 Adequate supply of safe drinking water and
adequate welfare facilities at workplaces
Construction
Article 32 of Convention No. 167 provides that:
1. At or within reasonable access of every construction site an adequate supply of wholesome drinking water shall be provided.
2. At or within reasonable access of every construction site, the following facilities shall, depending on the number of workers and the duration of the work, be provided and maintained:
(a) sanitary and washing facilities;
(b) facilities for changing and for the storage and drying of clothing;
(c) accommodation for taking meals and for taking shelter during interruption of work due to adverse weather conditions.
3. Men and women workers should be provided with separate sanitary and washing facilities.
Mining
Article 5(4)(e) of Convention No. 176 provides that:
4. Such national laws and regulations shall specify:
121 Article 4(3)(d) of Convention No. 187.
122 Article 1 of the Occupational Health Services Convention, 1985 (No. 161). Convention No. 161 is identified in
the Annex to Recommendation No. 197 as an ILO instrument relevant to the promotional framework for OSH.
123 Article 5 of Convention No. 161.
Working together to promote a safe and healthy working environment
136 ILC.106/III/1B
...
(e) where appropriate, an obligation to supply sufficient sanitary conveniences and facilities to wash, change and eat, and to maintain them in hygienic condition.
Agriculture
Article 19 of Convention No. 184 provides that:
National laws and regulations or the competent authority shall prescribe, after consultation with the representative organizations of employers and workers concerned:
(a) the provision of adequate welfare facilities at no cost to the worker;
...
Paragraph 10 of Recommendation No. 192 provides that:
To give effect to Article 19 of the Convention, employers should provide, as appropriate and in accordance with national law and practice, to workers in agriculture:
(a) an adequate supply of safe drinking water;
(b) facilities for the storage and washing of protective clothing;
(c) facilities for eating meals, and for nursing children in the workplace where practicable;
(d) separate sanitary and washing facilities, or separate use thereof, for men and women workers;
...
397. According to the United Nations World Water Development Report, work-related
communicable diseases contribute to 17 per cent of the 2.3 million work-related deaths
annually. The main contributing and preventable factors comprised poor quality drinking
water, poor sanitation, poor hygiene and related lack of knowledge. The World Water
Development Report indicates that these figures underscore the need for countries to
accelerate efforts towards securing safe drinking water and sanitation for all, including in
the workplace. 124
398. In this regard, the sectoral instruments recognize the importance of access to drinking
water and adequate sanitary and washing facilities in ensuring a safe and secure working
environment. 125 The following paragraphs 126 first examine access to welfare facilities at
work, and then the adequate supply of safe drinking water.
Welfare facilities
399. The sectoral instruments each specify that sanitary and washing facilities should be
provided to workers in construction, mining and agriculture. Proper hygiene is an
important method of controlling hazards and ensuring that any hazardous substances or
contaminants at the workplace are not spread to workers’ homes. In this respect, numerous
countries reported having legislative provisions on the provision of adequate welfare
facilities at the workplace, including facilities for taking meals, sanitary facilities and
facilities for changing. 127 Legislative provisions in this regard generally refer to all sectors.
For example, the Labour Code of Antigua and Barbuda provides that washing facilities
124 United Nations Educational, Scientific and Cultural Organization (UNESCO): The United Nations World Water
Development Report, Paris, 2016, p. 5.
125 The provisions in the sectoral instruments are linked to Paragraph 3(o) of Recommendation No. 164, which
provides that measures should be taken in pursuance of the national policy in the field of sanitary installations,
washing facilities, facilities for changing and storing clothes, supply of drinking water, and any other welfare
facilities connected with occupational safety and health.
126 Paragraphs 399–404.
127 For example, Algeria, Antigua and Barbuda, Australia, Belarus, Belgium, Cyprus, Denmark, Germany, Japan,
Iceland, Indonesia, Iraq, Kenya, Mauritius, Morocco, Norway, Poland, Qatar, Turkmenistan, Uganda, Ukraine,
United Kingdom, Uzbekistan and Bolivarian Republic of Venezuela.
Developing a national safety and health culture, assessing occupational risks and specific preventive and protective measures
ILC.106/III/1B 137
shall be provided and maintained at every workplace, as well as accommodation for
clothing not worn during working hours, and for the drying of work clothing. 128 The
Government of Kenya reported that the national OSH legislation requires that sufficient
and suitable sanitary conveniences for workers be provided, maintained and kept clean,
and that such conveniences shall afford proper separate accommodation for persons of
each sex. The legislation of certain countries also contains specific provisions concerning
sanitary facilities in construction, 129 mining 130 and agriculture. 131
400. Certain workers’ organizations referred to difficulties in the application of these
requirements in practice. The American Federation of Labor and Congress of Industrial
Organizations (AFL-CIO) indicated that, while there are standards in the United States for
sanitation requiring the provision of drinking water, handwashing facilities and toilet
facilities, there are significant problems with employer compliance. The Central
Organization of Finnish Trade Unions (SAK), the Confederation of Unions for
Professional and Managerial Staff in Finland (AKAVA) and the Finnish Confederation of
Professionals (STTK) emphasized that men and women must absolutely be provided with
separate sanitary, washing and sleeping facilities in Finland. According to the Australian
Council of Trade Unions (ACTU) the lack of separate facilities for women on construction
sites is a significant problem in the sector, and the National Confederation of United
Independent Unions (CONUSI) stressed that, although the national legislation in Panama
provides for separate facilities for women and men in construction, this is only enforced
following complaints to the inspectorate. The joint observations of the Building and Wood
Workers’ International (BWI) and the Construction and Building Materials Industry
Workers’ Union of Ukraine (CBMI) indicated that the lack of adequate sanitary facilities
in the construction sector is a significant problem in Ukraine, despite legislative
requirements. The Autonomous Confederation of Workers’ Unions (CASC), the National
Confederation of Dominican Workers (CNTD) and the National Confederation of Trade
Union Unity (CNUS) indicated that there are no specific gender considerations in the
national legislation in the Dominican Republic regarding sanitary facilities and facilities
for changing.
401. The Committee recalls that the provision of adequate welfare facilities, including
sanitary facilities, plays an important role in preventing work-related communicable
diseases and exposure to hazards, and it has a considerable impact on public health.
The Committee strongly encourages governments to examine measures that could be
taken to ensure the provision of such facilities to all workers. It emphasizes the
indications contained in the sectoral instruments concerning the provision of separate
washing and sanitary facilities for men and women.
Supply of drinking water
402. With respect to construction, Convention No. 167 requires the provision of
reasonable access to an adequate supply of wholesome drinking water at every
construction site. The preparatory work for the Convention highlighted the non-stationary
nature of construction, and that much construction work takes place outside, 132 both
factors affecting access to adequate drinking water. Concerning agriculture,
128 Section d12 of the Antigua and Barbuda Labour Code, 1975 (Cap. 27).
129 For example, Austria, Argentina, Finland, Sweden and United Kingdom.
130 For example, Argentina, Finland and Indonesia.
131 For example, Pakistan.
132 ILO: Safety and health in construction, Report V(1), ILC, 73rd Session, Geneva, 1987, pp. 5, 6 and 9.
Working together to promote a safe and healthy working environment
138 ILC.106/III/1B
Recommendation No. 192 states that employers should provide an adequate supply of safe
drinking water. In this connection, the preparatory work for the instruments on agriculture
underlined that agricultural workers are dependent on the general standards of public
health services in rural areas, where adequate water supply and sanitation systems are
generally insufficient. 133 The mining instruments do not contain specific provisions with
respect to the supply of drinking water, but do indicate that sanitary conveniences and
facilities should be provided, including facilities for eating.
403. Of the significant number of countries that reported having legislative requirements
for the adequate supply of safe drinking water at the workplace, the majority referred to
general legislative provisions requiring the supply of water at all workplaces. 134
Nonetheless, reflecting the unique nature of the sectors, a few countries indicated that
additional requirements exist relating to the construction 135 and agricultural sectors. 136
For example, while the Workers Protection Act in Austria provides that workers are to be
provided with drinking water or another non-alcoholic beverage, the Government reported
that there were specific requirements that all construction sites must provide workers with
an adequate supply of cold drinking water that meets standards of hygiene, or some other
wholesome non-alcoholic drink. Specific requirements exist when work is performed
under particularly difficult working conditions. Drinking water supply points on
construction sites must meet hygiene requirements and supply points for non-drinkable
water must be labelled accordingly. 137 The Government of Cambodia reported that the
provision of safe drinking water for workers in agriculture is mandatory, and that the
regulations concerning working and living conditions on plantations contain additional
requirements on the provision to agricultural workers of safe drinking water and water for
daily use. In Argentina, the OSH regulations in agriculture require employers to provide
safe drinking water to workers at appropriate locations. 138
404. Recalling the importance to workers’ health of the provision of safe drinking water,
the Committee encourages governments to examine the measures that could be taken
with respect to ensuring access to adequate drinking water at work in practice, bearing
in mind the specificities of the construction and agricultural sectors.
Certain OSH measures in construction,
mining and agriculture
Design and planning of a construction project
405. As noted in the 2009 General Survey, the elimination at source of potential
workplace hazards in installations, arrangements, machinery, equipment and tools, when
they are designed and installed, is the most cost-effective approach to prevention. In this
connection, Article 9 of Convention No. 167 provides that those concerned with the design
and planning of a construction project shall take into account the safety and health of
133 ILO: Safety and health in agriculture, Report VI(1), ILC, 88th Session, Geneva, 2000, p. 5.
134 For example, Algeria, Antigua and Barbuda, Australia, Austria, Belarus, Belgium, Cambodia, Cyprus,
Denmark, Germany, Indonesia, Iraq, Japan, Kenya, Morocco, Poland, Qatar, Saudi Arabia, Spain, Uganda,
United Kingdom, Ukraine, Uzbekistan and Bolivarian Republic of Venezuela.
135 For example, Austria, China and Suriname.
136 For example, Argentina, Austria and Cambodia.
137 Sections 29 and 33 of the Worker Protection Act, No. 450/1994.
138 Section 4 of Decree No. 617/97 of 7 July 1997 issuing OSH Regulations in Agriculture.
Developing a national safety and health culture, assessing occupational risks and specific preventive and protective measures
ILC.106/III/1B 139
construction workers in accordance with national laws, regulations and practice. This
provision was introduced during the first Conference discussion of the instrument,
reflecting general agreement on the need to plan for safety and health from the design
stage. 139
406. The Committee has consistently emphasized the importance of measures to give
effect to Article 9, by taking legislative or practical measures. 140 It is pleased to note that
a number of governments reported that their legislation contain requirements with respect
to taking safety and health into account in the design and planning of construction sites,
and reported on the practical measures taken in this regard. 141 For example, the
Government of South Africa reported the detailed obligations of designers of construction
projects, to ensure that safety and health is taken into account at the design stage, with
relevant safety and health information being provided to the client. 142 The Government of
Australia reported that employers that commission construction are required to consult the
designer, and designers of structures are required to provide a written report identifying
potential safety and health risks related to design. A code of practice on the safe design of
structures provides practical guidance to those designing structures (including architects,
building designers and engineers) on how to comply with relevant safety and health
requirements. The Government of China reported that the regulations on the management
of occupational safety in construction projects provide that the designer shall develop
designs in accordance with the laws, regulations and mandatory standards on construction
projects so as to prevent the occurrence of any accidents related to design. Designers must
provide advice to builders with respect to ensuring safety and health measures to prevent
accidents, and must actively cooperate with construction enterprises in that respect. 143
The Government of Cyprus reported that, pursuant to the regulations for temporary or
mobile construction sites, the general principles of prevention must be taken into account
during the design stage of construction projects, particularly by architectural and other or
organizations engaged in planning the various operations or stages of work carried out
simultaneously or sequentially, and design stage preparations must be integrated into the
139 ILO: Provisional Record No. 23, Report of the Committee on Safety and Health in Construction, ILC,
73rd Session, Geneva, 1987, para. 57.
140 See, for example, Dominican Republic – CEACR, Convention No. 167, direct request, published in 2014;
Dominican Republic – CEACR, Convention No. 167, observation, published in 2012; Kazakhstan – CEACR,
Convention No. 167, direct request, published in 2015; and Mexico – CEACR, Convention No. 167, observation,
published in 2015.
141 For example, Australia, Austria, Belgium, China, Croatia, Cyprus, Greece, Iceland, Republic of Korea,
Republic of Moldova, Saudi Arabia, South Africa, Turkmenistan, Ukraine, Uganda, United Republic of Tanzania,
and Uzbekistan.
142 Specifically, pursuant to the construction regulations under the occupational safety and health legislation, the
designer of a structure must inter alia: ensure compliance with the applicable safety standards in the design; make
available in a report to the client all relevant health and safety information about the design of the relevant structure
that may affect the pricing of the construction work; inform the client in writing of any known or anticipated dangers
or hazards relating to the construction work, and make available all relevant information required for the safe
execution of the work or when the design is subsequently altered; refrain from including anything in the design of
the structure necessitating the use of dangerous procedures or materials hazardous to the health and safety of
persons, which can be avoided by modifying the design or by substituting materials; take into account the hazards
relating to any subsequent maintenance of the relevant structure; provide in the design for work to be performed to
minimize risks; carry out the necessary inspections; and take cognizance of ergonomic design principles. Moreover,
the designer is required to ensure that all temporary works are adequately designed.
143 Section 13 of the Regulations on Occupational Safety Management of Construction Projects of 24 November
2003.
Working together to promote a safe and healthy working environment
140 ILC.106/III/1B
construction site’s safety and health plan. 144 In Algeria, pursuant to the requirements for
the construction sector and public workers, architects and engineers in the construction
sector have to integrate preventative measures into the design and planning of projects,
and must seek to avoid measures that would involve the use of methods or material that
could present a danger to the health or safety of workers. 145
407. The Committee also notes the observations of the IOE that the prevention of
accidents, diseases and harmful effects on the health of workers in the appropriate design
and implementation of construction projects is not only a main priority, but also a core
value of its members.
408. In this respect, the Committee draws the attention of governments to the useful
guidance contained in the ILO Code of practice on safety and health in construction for
the designers of buildings, structures or other construction projects. 146
Mine rescue and emergency preparedness
Emergency response plans
409. While accidents and disasters can occur in any sector, the risks are particularly acute
in mining, and specific procedures and arrangements are required to protect workers in the
case of an emergency. As highlighted in the preparatory work “[m]ajor disasters such as
explosions, underground fires, falls of ground, rockbursts, inrush of water or semi-solids,
often leave underground mineworkers cut off from escape, thousands of metres below the
surface, in toxic atmospheres and without the life-sustaining essentials of air, water and
food during the lengthy and dangerous rescue attempts”. 147 Procedures to respond to
emergencies that arise at the mine, as well as arrangements for the rescue of persons
incapacitated or trapped in mines, are therefore an essential component of mine safety.
410. Convention No. 176 requires that employers prepare an emergency response plan,
specific to each mine, for reasonably foreseeable industrial and natural disasters. 148
Pursuant to Recommendation No. 183, this plan should include effective site emergency
plans; provision for the cessation of work and evacuation of the workers in an emergency;
adequate training in emergency procedures and the use of equipment; adequate protection
of the public and the environment; and provision of information to, and consultation with,
appropriate bodies and organizations. 149
411. The Committee notes that several governments reported that emergency response
plans are required at each mine. 150 For example, the Committee has previously noted with
144 Safety and Health at Work (Minimum Requirements for Temporary or Mobile Construction Sites) Regulations,
2015.
145 Decree No. 05-12 of 8 January 2005 issuing specific health and safety requirements for the building, public
works and hydraulic sectors.
146 See ILO: Safety and health in construction: An ILO code of practice, 1992, pp. 8 and 9. In addition, an ILO
training package on occupational safety and health for the construction industry targeting workers, clients,
contractors, as well as design and project management teams, is available on the ILO website: see
http://www.ilo.org/sector/Resources/training-materials/WCMS_161706/lang--en/index.htm [last accessed 17 Jan.
2017].
147 ILO: Safety and health in mines, Report V(1), ILC, 81st Session, Geneva, 1994, p. 17.
148 Article 8 of Convention No. 176.
149 Paragraph 19 of Recommendation No. 183.
150 For example, Australia, Austria, Belarus, China, Denmark, Iraq, Japan, Spain, Ukraine and United Kingdom.
Several other countries reported more generally on mine rescue procedures, including Croatia, Cyprus, Greece,
Iceland and Saudi Arabia.
Developing a national safety and health culture, assessing occupational risks and specific preventive and protective measures
ILC.106/III/1B 141
interest that underground mines in the United States must develop and adopt a written
accident response plan that provides for the evacuation of all individuals endangered by
an emergency and for the maintenance of individuals trapped underground in the event
that they are not able to evacuate the mine. The accident response plan shall be subject to
review and approval by the competent authority, taking into consideration comments
submitted by miners or their representatives, and shall be reviewed every six months. Plans
shall: reflect the most recent credible scientific research; be technologically feasible, make
use of current commercially available technology; account for the specific physical
characteristics of the mine; and reflect the improvements in mine safety gained from
experience. 151
412. As outlined in the introduction to this General Survey, the last decade has seen a
number of major mining disasters resulting in the death of numerous workers.
Considering these accidents, the Committee calls on all countries with a mining industry
to adopt and implement appropriate emergency preparedness and mine rescue measures,
including by requiring the development of emergency response plans for every mine.
Self-rescue respiratory devices for workers
in underground mines
413. Convention No. 176 provides that adequate self-rescue respiratory devices must be
provided and maintained for workers in underground coal mines and, where necessary, in
other underground mines. 152 To address the specific risk in mining that, during
emergencies, the ambient atmosphere becomes toxic, self-rescue respiratory devices are
intended to allow a miner to escape the mine in case of danger. The preparatory work for
the Convention reveals that the specification that such devices be required in coal mines
and, in other underground mines where necessary was added following discussion that the
provision of self-rescue canister-type breathing apparatus to mine workers should be
required where hazards exist, but that it may not be necessary in certain types of mines,
such as some metalliferous mines with proper ventilation or in surface mines. 153
414. A number of countries have reported that self-rescue respiratory devices are required
for workers in underground coal mines and other mines. 154 For example, the Government
of Belarus reported that the regulation on underground mining requires workers to be
issued with fully-functioning self-contained self-rescue devices before descending into a
mine, with additional devices available underground (at least 5 per cent more than the
number of workers listed underground). The Government of Spain reported that, under the
general regulations concerning basic mine safety, all underground activities involving
hazards must be equipped with approved breathing apparatuses that are periodically tested.
Self-rescue respiratory devices must be within range of workers at all times, and workers
must be instructed in their proper usage.
415. The National Union of Miners, Metalworkers and Allied Workers of the Republic of
Mexico (SNTMMSSRM) indicated that some collective agreements in Mexico establish
the obligation for employers to provide self-rescue respiratory devices to miners, but that
in other mines where these agreements do not apply self-rescue devices are not provided.
151 Section 2 of the Mine Improvement and New Emergency Response Act of 2006. See United States – CEACR,
Convention No. 176, direct request, published in 2010.
152 Article 5(4)(b) of Convention No. 176.
153 ILO: Provisional Record No. 26, Report of the Committee on Safety and Health in Mines, ILC, 81st Session,
Geneva, 1994, para. 55.
154 For example, Australia, Belarus, Republic of Korea, Mexico, Republic of Moldova, Spain and United Kingdom.
Working together to promote a safe and healthy working environment
142 ILC.106/III/1B
416. The Committee recalls the importance of ensuring that adequate well-maintained
self-rescue respiratory devices are provided for workers in underground mines,
particularly coal mines. In this respect, it draws the attention of governments to the
useful practical guidance on the provision of self-rescue respiratory equipment
contained in the ILO code of practice on safety and health in underground coal
mines. 155
Temporary and seasonal workers in agriculture
Box 4.9 Temporary and seasonal workers in agriculture
Article 17 of Convention No. 184 provides that:
Measures shall be taken to ensure that temporary and seasonal workers receive the same safety and health protection as that accorded to comparable permanent workers in agriculture.
417. The Committee noted in its 2015 General Survey that rural work is characterized by
large numbers of temporary and seasonal workers, and it observed that many of these
workers are migrant or transient workers, which may exacerbate their vulnerabilities. 156
The preparatory work for Convention No. 184 explained that in many countries, most
agricultural wage labour is carried out by day labourers, seasonal labourers and temporary
workers who perform the lowest skilled tasks in poor working conditions. 157 It was
identified that temporary workers are especially vulnerable, as they are more exposed to
occupational hazards than other agricultural workers, and that migrant workers face
specific difficulties. 158
418. The Convention therefore requires measures to be taken to ensure that temporary and
seasonal workers receive the same safety and health protection as that accorded to
permanent workers. In this respect, many countries indicated that the legislation on OSH
applies equally to temporary and seasonal workers as to permanent workers. 159 Certain
governments, including those of Australia, Colombia, Philippines, Spain and Turkey,
reported on specific measures taken to address the safety and health protection of
temporary and seasonal workers. For example, the Government of Turkey reported that
the OSH action plan 2014–18 includes the objective of improving and enhancing living
and working conditions for seasonal workers in agriculture.
419. Certain governments and social partners reported difficulties in ensuring that
temporary and seasonal workers in agriculture enjoy the same OSH protection as
permanent workers. The Government of Ethiopia reported that, while the labour
legislation does not discriminate against seasonal or temporary workers in terms of the
protection of safety and health at work, labour inspection reports show that in practice
temporary and seasonal workers are not provided with adequate safety and health
155 ILO: Code of practice on safety and health in underground coalmines, Sectoral Activities Programme, ILO
(Geneva, 2006), paragraphs 9.3.2 and 24.5.2.1 to 24.5.2.4.
156 ILO: Giving a voice to rural workers, General Survey concerning the right of association and rural workers’
organizations instruments, Report III (Part 1B), ILC, 104th Session, Geneva, 2015, paras 15, 233 and 234.
157 ILO: Safety and health in agriculture, Report VI(1), ILC, 88th Session, Geneva, 2000, p. 10.
158 ibid., p. 3.
159 Antigua and Barbuda, Belarus, Belgium, Cambodia, Chile, Cyprus, Denmark, Ethiopia, Germany, Greece,
Iceland, Indonesia, Iraq, Kenya, Republic of Korea, Mauritius, Mexico, Republic of Moldova, Norway, Saudi
Arabia, Sudan, Suriname, Turkmenistan, Uganda, United Kingdom and Uzbekistan.
Developing a national safety and health culture, assessing occupational risks and specific preventive and protective measures
ILC.106/III/1B 143
protection in comparison with permanent workers. The Government of Pakistan reported
that temporary and seasonal agricultural workers do not enjoy the same safety and health
protection as that accorded to permanent workers in other sectors.
420. A number of workers’ organizations highlighted difficulties relating to OSH
protection for temporary and seasonal workers in agriculture. The Canadian Labour
Congress (CLC) stated that “temporary” foreign workers in the agricultural sector have
few occupational health and safety rights in all provinces in Canada, and no access to
redress, and that there are no formal government plans to extend existing OSH provisions
to these workers. The CLC noted that, although employers of temporary foreign workers
in the agricultural sector are required to provide first-aid access, they are not required to
ensure medical attention or ongoing care, even if the worker has suffered an injury or
illness directly resulting from employment. During the period 2001–11, there were
787 repatriations of migrant farm workers in Ontario, most frequently for medical or
surgical reasons (41.3 per cent of those repatriated) and external injuries, including
poisoning (25.5 per cent of those repatriated). The Federation of Korean Trade Unions
(FKTU) stated that temporary workers and seasonal workers in agriculture in the Republic
of Korea are entitled to same protection as permanent workers in terms of safety and health,
but face discrimination in provision of OSH information, as government guidance and
inspection on safety and health is poor and these workers do not receive OSH education.
The Australian Council of Trade Unions (ACTU) reported a significant increase in
Australia in overseas labour on temporary visa arrangements, who are exploited, have
little access to state regulatory mechanisms or protection by trade union membership, and
are often unaware and uneducated about their legal entitlements, which is of particular
importance in the agricultural sector. The Single Confederation of Workers of Colombia
(CUT) indicated that no measures have been taken in Colombia to ensure that temporary
and seasonal workers receive the same safety and health protection as permanent workers,
and that, as a result, 90 per cent of workers in agriculture are not covered by the social
protection system. The National Confederation of United Independent Unions (CONUSI)
stated that there is no specific law covering this category of workers in Panama and that
in practice workers are exploited and lack basic protection, including the provision of
personal protective equipment.
421. Recalling the specific vulnerability of temporary and seasonal agricultural
workers to OSH risks, the Committee calls on governments to take the necessary
measures to ensure that such workers receive the same level of safety and health
protection as other workers in the agricultural sector, also taking into account language
differences.
Measures that take into account the special needs of women agricultural workers in relation to pregnancy, breastfeeding and reproductive health
Box 4.10 Protective measures for women agricultural workers
Article 18 of Convention No. 184 provides that:
Measures shall be taken to ensure that the special needs of women agricultural workers are taken into account in relation to pregnancy, breastfeeding and reproductive health.
422. The majority of the world’s women workers are engaged in agricultural activities in
rural areas, and constitute approximately 43 per cent of the agricultural labour force in
Working together to promote a safe and healthy working environment
144 ILC.106/III/1B
developing countries. 160 The preparatory work for Convention No. 184 recalled that
women account for a considerable proportion of the agricultural workforce in developing
countries, and that these workers were among the most vulnerable in agriculture work. 161
Exposure to poor working conditions can have serious repercussions on pregnancy,
breastfeeding and reproductive health, and the preparatory work highlighted that the risk
of miscarriages, premature deliveries and spontaneous abortions was directly linked to
work in unfavourable conditions, such as microclimates in greenhouses and exposure to
pesticides. 162
423. In this regard, the Convention requires the adoption of measures to take into account
the special needs of women agricultural workers in relation to pregnancy, breastfeeding
and reproductive health. Recommendation No. 192 adds that such measures should
include the assessment of any workplace risks related to the safety and health of pregnant
or nursing women, and women’s reproductive health and that, where appropriate, the
national system for OSH surveillance should include health surveillance measures for
pregnant and nursing women. 163 Furthermore, the Maternity Protection Convention, 2000
(No. 183), contains specific provisions that protect women from dismissal and
discrimination related to pregnancy or childbirth and its consequences or nursing. 164
424. Several countries reported the taking of specific measures concerning women
agricultural workers related to pregnancy, breastfeeding and reproductive health,
including the undertaking of risk assessments of hazards that may pose a specific risk and
protection against harmful pesticides. 165 For example, the Government of Spain reported
that the mandatory risk assessments include examining risks for workers who are pregnant
or breastfeeding, including any factor that may adversely affect the health of workers or
the foetus. If the results of the assessment reveal a risk to the health and safety, or a
possible effect on pregnancy or breastfeeding, the employer shall take the necessary
measures to avoid exposure to such risks, and where this is not possible, there should be a
change of position or function, until such time as the health of the worker allows
reinstatement to the previous position. 166 The Government of Honduras reported that
measures have been taken to protect pregnant and breastfeeding workers from
agrochemicals, including the prohibition of work with certain chemicals that are harmful
to their health. The Government of Austria reported that the Agricultural Employment Act
establishes the obligation to conduct a maternity protection evaluation to identify all
possible dangers to the life and health of the mother and foetus, with the same obligation
applying to breastfeeding mothers the results of which must be recorded in the safety and
health protection documents. 167
425. Recalling that women agricultural workers may be particularly vulnerable to
certain risks, the Committee calls on governments to undertake and strengthen
preventive and protective measures pertaining to the reproductive health of women
160 ILO: Giving a voice to rural workers, General Survey concerning the right of association and rural workers’
organizations instruments, Report III (Part 1B), ILC, 104th Session, Geneva, 2015, paras 13 and 18.
161 ILO: Safety and health in agriculture, Report VI(1), ILC, 88th Session, Geneva, 2000, pp. 3–12.
162 ibid., pp. 12 and 21.
163 Paragraphs 4(3) and 11 of Recommendation No. 192.
164 Articles 8 and 9 of Convention No. 183.
165 For example, Australia, Austria, Belgium, Cambodia, Croatia, Cyprus, Finland, Germany, Honduras, Iceland,
Republic of Korea, Republic of Moldova and Spain.
166 Section 16 of Act No. 31/1995 on occupational risk prevention.
167 Sections 77 and 96a of the Labour Law in Agriculture.
Developing a national safety and health culture, assessing occupational risks and specific preventive and protective measures
ILC.106/III/1B 145
agricultural workers, in particular from the beginning of pregnancy, as well as for
breastfeeding workers. It encourages governments to promote the conduct of
assessments of any workplace risks related to the safety and health of pregnant or
nursing women, as well as to women’s reproductive health, and the adoption of
appropriate measures to address the risks identified, and to provide such workers with
appropriate health surveillance.
ILC.106/III/1B 147
Chapter V. Measures taken to ensure compliance
with national laws and regulations on
occupational safety and health
Box 5.1 Mechanisms for ensuring compliance
Article 4(2)(c) of Convention No. 187 provides that:
The national system for occupational safety and health shall include among others:
...
(c) mechanisms for ensuring compliance with national laws and regulations, including systems of inspection;
...
426. Convention No. 187 identifies mechanisms for ensuring compliance with national
laws and regulations, including systems of inspection, as one of the four required elements
of a national system on OSH. 1
427. The preparatory work for the Convention highlighted that ensuring compliance with
OSH legislation is a major challenge for all countries and that it requires multiple
approaches, including enforcement and self-compliance. 2 The preparatory work
emphasized the important role of labour inspection but also highlighted the role to be
played by other means in promoting compliance with OSH legislation, including the
establishment of OSH management systems. 3 Accordingly, while the Convention
reinforces the importance of labour inspection, it also recognizes that other mechanisms
can be useful in promoting compliance. This Chapter therefore examines the important
role of labour inspection systems, as well as complementary initiatives, in the progressive
achievement of a safe and healthy working environment.
1. Labour inspection systems
428. Recommendation No. 197 provides that member States should take into account the
instruments relevant to the promotional framework for OSH listed in the Annex to that
Recommendation, in particular the Occupational Safety and Health Convention, 1981
(No. 155), the Labour Inspection Convention, 1947 (No. 81) and the Labour Inspection
(Agriculture) Convention, 1969 (No. 129). 4
1 Article 4(2)(c) of Convention No. 187.
2 ILO: Promotional framework for occupational safety and health, Report IV(1), ILC, 93rd Session, 2005, para. 54.
3 ibid., para. 55.
4 Paragraph 2(a) of Recommendation No. 197.
Working together to promote a safe and healthy working environment
148 ILC.106/III/1B
429. In this connection, in its 2009 General Survey, the Committee considered some of
the main requirements for an adequate and appropriate labour inspection system, with
reference to Conventions Nos 81 and 129 and the 2006 General Survey on labour
inspection. 5 In 2009, the Committee recalled that the principal role of labour inspection
is to secure the application of the legal provisions concerning the conditions of work and
the protection of workers, and it examined the prevention and enforcement powers granted
to labour inspectors in respect of OSH matters. 6
430. In this respect, the Committee notes that a number of governments and social
partners underscored the key role of inspection in reducing occupational accidents and
injuries. For example, the Confederation of Employers of the Mexican Republic
(COPARMEX) indicated that in Mexico, regular labour inspections to control compliance
with labour law had resulted in the reduction of occupational accidents, as well as a
reduction of serious injuries from accidents. With respect to Canada, the Canadian Labour
Congress (CLC) indicated that, in the province of Ontario, there has been a significant
reduction in injuries and fatalities in construction, to the lowest level of any Canadian
jurisdiction, due to a dramatic increase in inspections and penalties for non-compliance.
Human and material resources
431. In its 2006 General Survey on labour inspection and in its 2009 General Survey on
occupational safety and health, the Committee particularly emphasized the crucial
importance of providing labour inspectorates with the necessary material and human
resources to ensure that they can function effectively. 7 Recognizing that adequate funding
is a necessary prerequisite in this regard, the Committee has on several occasions requested
that governments provide information on the budget allocated to labour inspectorates. 8
The Committee has noted the measures taken by governments to increase the human and
material resources provided to labour inspectorates, including increases in the budget
allocated to the labour inspectorate, 9 the hiring of additional inspectors, 10 including
women inspectors, 11 the hiring of interpreters or labour inspectors with specific language
capacities in countries with a large population of migrant workers, 12 and the provision of
5 ILO: General Survey on occupational safety and health, 2009, paras 96–102. See also ILO: General Survey on
Labour Inspection, 2006.
6 ILO: General Survey on occupational safety and health, 2009, paras 97 and 99.
7 ibid., para. 100. ILO: General Survey on Labour Inspection, 2006, paras 238–255.
8 For example, Honduras – CEACR, Convention No. 81, observation, published in 2013; Italy – CEACR,
Convention No. 81, direct request, published in 2016; Indonesia – CEACR, Convention No. 81, direct request,
published in 2012; Rwanda – CEACR, Convention No. 81, observation, published in 2016; Sierra Leone – CEACR,
Convention No. 81, observation, published in 2016; Yemen – CEACR, Convention No. 81, direct request, published
in 2013.
9 For example, Algeria – CEACR, Convention No. 81, direct request, published in 2014; Bangladesh – CEACR,
Convention No. 81, observation, published in 2015; Niger – CEACR, Convention No. 81, observation, published
in 2016.
10 For example, Bangladesh – CEACR, Convention No. 81, observation, published in 2016; Colombia – CEACR,
Convention No. 81, observation, published in 2016; Qatar – CEACR, Convention No. 81, observation, published
in 2017; Turkey – CEACR, Convention No. 81, observation, published in 2015.
11 For example, Fiji – CEACR, Conventions Nos 81 and 129, direct request, published in 2017; Madagascar –
CEACR, Convention No. 81, direct request, published in 2015.
12 For example, Qatar – CEACR, Convention No. 81, observation, published in 2017; United States – CEACR,
Convention No. 182, observation, published in 2017. See also section 105 of Chapter 4, Division of Labour
Standards Enforcement, California Labour Code – United States.
Measures taken to ensure compliance with national laws and regulations on occupational safety and health
ILC.106/III/1B 149
further material resources, such as additional vehicles and tablets with internet access. 13
It has also noted the measures taken to improve the status and conditions of service of
labour inspectors, including measures to ensure the levels of remuneration and career
prospects necessary to attract high-quality staff. 14
432. However, the information submitted by certain governments, employers’ and
workers’ organizations shows that the availability of resources continues to be a persistent
problem in countries from all regions, including in the construction, mining and
agricultural sectors. For example, the Government of Iceland reported that the number of
labour inspectors has been reduced in recent years, resulting in insufficient human
resources, particularly in geographically large inspection regions. The Government of
Turkey reported that inspection officials are overwhelmed by their workload.
433. Many workers’ organizations and one employers’ organization also reported
problems in their respective countries: Argentina, Brazil, Colombia, Gabon, Japan,
Panama, Portugal, New Zealand, Spain, Sudan, Sweden, and United States due to an
insufficient number of inspectors and labour inspection visits, inadequate training and a
lack of material resources. 15
434. Moreover, a number of trade unions from European countries also indicated that the
financial, human and material resources of the labour inspectorate have been reduced as a
result of the austerity measures adopted since 2008 in the context of the financial and
economic crisis. These include the General Confederation of Portuguese Workers (CGTP)
and the Union of Swiss Trade Unions (USS).
435. The Committee has consistently noted the attribution of additional functions to
labour inspectors, such as logistical and administrative tasks, the control of the
enforcement of immigration law and the mediation of labour disputes. 16 It notes in this
respect the allegations by the Single Confederation of Workers of Colombia (CUT) that
multiple other tasks are assigned to labour inspectors in Colombia, which has a negative
effect on labour inspection in the area of OSH. Moreover, the Gabonese Confederation of
Free Trade Unions (CGSL) reported that labour inspectors in Gabon spend most of their
time conciliating labour conflicts.
13 For example, Ecuador – CEACR, Convention No. 81, direct request, published in 2016; Greece – CEACR,
Convention No. 81, observation, published in 2016; Qatar – CEACR, Convention No. 81, observation, published
in 2016; Uruguay – CEACR, Convention No. 81, observation, published in 2014.
14 For example, Madagascar – CEACR, Convention No. 81, observation, published in 2016.
15 These include: the Confederation of Labour of the Argentine Republic (CGT RA), the Argentine Building
Workers Union (UOCRA), the General Union of Workers of Brazil (UGT), the Confederation of Workers of
Colombia (CTC), the Single Confederation of Workers of Colombia (CUT), the Gabonese Confederation of Free
Trade Unions (CGSL), the Japanese Trade Union Confederation (JTUC–RENGO), the National Confederation of
United Independent Unions (CONUSI) of Panama, the Confederation of Portuguese Workers (CGTP), the New
Zealand Council of Trade Unions (NZCTU), the General Union of Workers of Spain (UGT), the Sudanese
Businessmen and Employers Federation (SBEF), the Swedish Trade Union Confederation (LO), the Swedish
Confederation of Professional Employees (TCO), the Swedish Confederation of Professional Associations (SAC)
and the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO).
16 For example: China – Hong Kong Special Administrative Region – CEACR, Convention No. 81, direct request,
published in 2016; Dominican Republic – CEACR, Convention No. 81, observation, published in 2014; Greece –
CEACR, Convention No. 81, observation, published in 2016; and Kenya – CEACR, direct requests, Convention
No. 81 published in 2013 and 2015. See also ILO: Report of the Committee set up to examine the representation
alleging non-observance by Portugal of the Labour Inspection Convention, 1947 (No. 81), the Labour Inspection
(Agriculture) Convention, 1969 (No. 129), and the Occupational Safety and Health Convention, 1981 (No. 155),
made under article 24 of the ILO Constitution by the Union of Labour Inspectors (SIT), Governing Body, 324th
Session, Geneva, June 2015, GB.324/INS/7/5, para. 95.
Working together to promote a safe and healthy working environment
150 ILC.106/III/1B
436. The Committee considers that it is essential for member States to allocate the
necessary human and material resources to labour inspection, by recruiting an
adequate number of inspectors, including women inspectors, and allocating appropriate
budgetary provision, so that labour inspectors can carry out their duties effectively. It
recalls that it has consistently emphasized that further duties entrusted to labour
inspectors must not interfere with the discharge of their primary duties, including their
core duties relating to OSH. 17 It further recalls that ILO technical assistance is
available for the development of strategic approaches to the planning of labour
inspection with a view to maximizing the use of resources so as to achieve the greatest
possible impact.
Satisfactory coverage of workplaces
liable to labour inspection
Availability of statistics for the planning of labour inspection activities
437. The Committee recalls that workplaces must be inspected as often and as thoroughly
as is necessary to ensure the effective application of legal provisions concerning OSH. 18
An important aspect in this regard is the availability of statistical data to enable the labour
inspection services to focus interventions on priorities defined on the basis of objective
criteria, such as on occupational risk levels and categories of workers at the workplace
(such as young persons and migrant workers), as well as information on whether or not
there is a trade union present. 19
438. As highlighted in Chapter II, the availability of information on the number and
location of workplaces poses a challenge in the construction, mining and agricultural
sectors. The Committee has on numerous occasions indicated that the absence of basic
information (such as the number of workplaces liable to inspection and the workers
employed therein, as well as the number of labour inspections carried out) represents an
insurmountable obstacle for any assessment of the rate of coverage of workplaces by
labour inspection, and has often resulted in the allocation of insufficient budgetary
resources for effective labour inspection. 20 In this respect, the Committee has emphasized
that the statistical information required in annual labour inspection reports under
Conventions Nos 81 and 129 offers an indispensable basis for evaluating labour inspection
services, and subsequently, determining the means necessary to improve their
effectiveness. 21
17 ILO: General Survey on Labour Inspection, 2006, paras 64–84.
18 Article 16 of Convention No. 81 and Article 21 of Convention No. 129.
19 ILO: General Survey on labour inspection, 2006, para. 259. In this connection, see also Chapter III of this General
Survey.
20 See CEACR, general observation on the importance of maintaining and keeping up to date registers of
workplaces liable to inspection and workers employed therein, Conventions Nos 81 and 129, published in 2010.
See also Albania – CEACR, Convention No. 81, direct request, published in 2014; India – CEACR, Convention
No. 81, observation, published in 2016; and Panama – CEACR, Convention No. 81, direct request, published in
2015.
21 See CEACR, general observation on the importance of well-prepared annual inspection reports, Convention
No. 81, published in 2011. In this regard, the Committee also referred to the extremely valuable guidance on the
presentation and analysis of information in annual reports on labour inspection provided in the Labour Inspection
Recommendations Nos 81 and 133.
Measures taken to ensure compliance with national laws and regulations on occupational safety and health
ILC.106/III/1B 151
439. The Committee considers that detailed statistical information is essential in order
to improve the impact on the effectiveness of labour inspection activities. In this respect,
the Committee emphasizes the importance of establishing and regularly updating a
register of workplaces liable to inspection, containing data on the number and
categories of workers employed therein. It further highlights the importance of
collecting the statistical information needed to devise an effective labour inspection
strategy in the area of occupational safety and health, such as data on occupational
risks, work accidents and occupational diseases, the frequency of violations of OSH
legislation and the presence of particularly vulnerable workers.
Inspections focusing on the most hazardous sectors and workplaces
440. A number of countries have established systems to determine high-risk sectors and
workplaces and focus labour inspection activities accordingly. For example, the
Government of Iceland reported that the frequency of inspection visits is determined as
follows: the frequency in workplaces with more than 30 employees depends on the level
of organization, administration and compliance with the legislation; and the frequency of
workplaces with fewer than 30 employees depends on the risk level in the respective sector.
The Committee has noted, for example, that in Canada 22 and the Republic of Korea 23 the
labour inspection authorities plan inspections based on risk analyses. In the Netherlands,
the work of the labour inspection system is based on an ongoing risk analysis that takes
into account many sources (including data on occupational accidents and compliance) to
determine sectors and workplaces with relatively higher OSH risks, which are given
priority. 24 In the case of the United Kingdom, the Committee noted the decision by the
Government, which it reports as being with a view to easing the bureaucratic burden on
businesses and making inspections more effective, to: (a) target inspections on higher-risk
sectors; (b) reduce inspections in areas of concern, but where inspections are deemed by
the Government to be unlikely to be effective (such as agriculture, quarries, health and
social care); and (c) discontinue inspections in low-risk sectors. The identification of non-
major hazard industries was made on the basis of a new targeting and information system
and it was planned to reduce the number of inspections in these industries, from 2010–11
onwards, by one third every year. In the case of underperformance in the area of OSH,
workplaces would continue to be subject to inspection. 25 In this respect, the Committee
also noted the concerns expressed by workers’ organizations in the Netherlands and
United Kingdom that such systems result in the absence of inspections in certain
enterprises, such as small enterprises or those misclassified as being at low risk and, with
respect to the Netherlands, that there had been a reduction in the number of labour
inspections by almost half between 2005 and 2013. 26
22 Canada – CEACR, Convention No. 187, direct request, published in 2014. In this regard, the Committee also
noted the observations made by the Canadian Labour Congress (CLC) that improvements were called for in the
mechanisms for ensuring compliance.
23 Republic of Korea – CEACR, Convention No. 187, observation, published in 2015. The Committee also noted
the observations made by the Federation of Korean Trade Unions (FKTU) that, in view of the significant number
of workplaces found in violation of OSH legislation, it was essential to increase the number of labour inspectors.
24 Netherlands – CEACR, Convention No. 81, observation, published in 2016.
25 United Kingdom – CEACR, Convention No. 81, observation, published in 2014.
26 See the observations made by the Netherlands Trade Union Confederation (FNV), the National Federation of
Christian Trade Unions (CNV) and the Trade Union Federation of Professionals (VCP) in Netherlands – CEACR,
Convention No. 81, observation, published in 2016; and the observations made by the the Trades Union Congress
(TUC) in United Kingdom – CEACR, Convention No. 81, observation, published in 2014.
Working together to promote a safe and healthy working environment
152 ILC.106/III/1B
441. The Committee considers that the planning of labour inspection activities based
on the level of occupational hazards may be an appropriate means of achieving
improved coverage of workplaces by labour inspection. However, care must be taken to
ensure that certain, often vulnerable, categories of workers (such as workers in small
and micro-enterprises and workers in agricultural areas) are not excluded from
protection due to the fact that they are employed in workplaces or sectors that are not
identified as being at high risk, or in sectors where labour inspection is considered too
resource-intensive. The Committee stresses that all workplaces should remain liable to
inspection and that focusing inspections on the most hazardous workplaces must not
diminish the overall resource commitment of the labour inspectorate.
Limitations and restrictions on labour inspection
442. The Committee notes with concern the impediments to labour inspection in some
countries. For example, the Georgian Trade Unions Confederation (GTUC) observed that
in Georgia the Government had delayed the re-establishment of the public labour
inspection system, which had been abolished in 2006. According to the joint observations
of the Building and Wood Workers’ International (BWI) and the Construction and
Building Materials Industry Workers’ Union of Ukraine (CBMI), legislative reforms in
Ukraine have had a severe impact on the system of inspections in the area of OSH,
including through the significant reduction in the allocation of funds, the scope of
inspections and the powers of labour inspectors. The Committee also noted the
introduction of several restrictions on the free access of labour inspectors to undertake
inspections in the Republic of Moldova, including the requirement to provide prior notice
to the entity subject to control, limitations on the frequency of inspections and on
unannounced inspections, and the requirement to exhaust other means of verifying
compliance before an inspection is permitted. 27 The National Trade Union Confederation
(CNSM) reported that this remains a problem and that the Government has taken further
measures to dismantle the national labour inspectorate.
443. In addition, the General Union of Workers (UGT) indicated that employers in Brazil
obstruct labour inspectors in their work, and the Autonomous Confederation of Workers’
Unions (CASC), the National Confederation of Dominican Workers (CNTD) and the
National Confederation of Trade Union Unity (CNUS) reported that many companies and
employers in the Dominican Republic impede the access of labour inspectors to
workplaces. 28 The Georgian Trade Unions Confederation (GTUC) observed that labour
monitors in Georgia do not have the right to enter workplaces without the consent of
employers.
444. Recalling the important role of labour inspection in ensuring compliance, the
Committee emphasizes that labour inspections must be undertaken as often as is
necessary to ensure the effective application of provisions concerning OSH. It calls on
member States to eliminate any restrictions that may stand in the way of the effective
monitoring of OSH conditions, such as limitations on the frequency of inspections and
access to workplaces by inspectors.
27 Republic of Moldova – CEACR, observation, published in 2016; and ILO: Report of the Committee set up to
examine the representation alleging non-observance by the Republic of Moldova of the Labour Inspection
Convention, 1947 (No. 81), submitted under article 24 of the ILO Constitution by the National Confederation of
Trade Unions of Moldova (CNSM), Governing Body, 323rd Session, March 2015, GB.323/INS/11/6.
28 In this regard, the Committee recalls that Article 18 of Convention No. 81 provides that adequate penalties for
obstructing labour inspectors in the performance of their duties shall be provided for in the law and effectively
enforced.
Measures taken to ensure compliance with national laws and regulations on occupational safety and health
ILC.106/III/1B 153
Labour inspection in construction
Box 5.2 Labour inspection in the construction sector
Article 35(b) of Convention No. 167 provides that:
Each Member shall:
...
(b) provide appropriate inspection services to supervise the application of the measures to be taken in pursuance of the Convention and provide these services with the resources necessary for the accomplishment of their task, or satisfy itself that appropriate inspection is carried out.
Organization of the labour inspection services in construction
445. The Committee notes the indication by many governments that OSH inspection
services are responsible for all economic sectors, including construction. 29 In addition, in
light of the high proportion of accidents in construction, many member States have
prioritized OSH inspections in this sector, as reported, for example, by Finland, the former
Yugoslav Republic of Macedonia and Iceland, and the Canadian Labour Congress (CLC)
in Canada.
Obstacles to the implementation of Article 35(b) of Convention No. 167 in practice
446. Article 35(b) of Convention No. 167 underlines the importance of the provision of
the necessary resources to the inspection services. The preparatory work for Convention
No. 167 reflected the difficulties identified by constituents with regard to the insufficient
human and material resources of inspection services, particularly in light of the transitory
nature of construction worksites. Enforcement had been considered the most important
practical problem in the application of the earlier sectoral Convention 30 since, unlike
permanent industrial undertakings, the safety measures required in construction are
generally of a relatively short duration. As work progresses, the nature of the operation
changes and the readjustment and re-erection of scaffolds and hoisting appliances is
frequently necessary. For these reasons, the enforcement of the provisions of the
Convention and of the corresponding national legislation requires a large number of
inspectors, which is beyond the capacity of most competent authorities. 31
447. In this respect, the Committee notes the indication by the National Confederation of
United Independent Unions (CONUSI) that the responsible labour inspection officials in
Panama are often based in offices located in areas that are geographically remote from
construction projects. The Committee also noted the observations of the Union of Workers
in the Lumber, Civil Construction and Furniture Industries of Altamira and the
Surrounding Region (SINTICMA), according to which the labour inspectorate in Brazil
only conducts visits to temporary civil construction sites in the trans-Amazonian region
every two or three years. 32
29 For example, Algeria, Belgium, Cambodia, Ireland, Republic of Korea, Malta, Namibia, Netherlands, Spain,
Thailand and United Kingdom.
30 The Safety Provisions (Building) Convention, 1937 (No. 62).
31 ILO: Safety and health in construction, Report V(1), ILC, 73rd Session, 1987, p. 30.
32 Brazil – CEACR, Convention No. 167, observation, published in 2012.
Working together to promote a safe and healthy working environment
154 ILC.106/III/1B
448. Concerning the importance of applying the legislation in force, the Federation of the
German Construction Industry (HDB) and the German Construction Federation (ZDB)
emphasized that, while further regulation is not needed in the construction sector in
Germany, it is crucial for the legislation to be sufficiently controlled and enforced.
449. In light of the number of migrant workers engaged in the sector, 33 the Committee
has noted that several constituents have underlined the challenges that the presence of
unregistered and migrant workers in construction can raise with respect to safety and
health inspections, including in Brazil, Dominican Republic, Norway, Qatar and Serbia. 34
With respect to Qatar, the Committee noted that in 2013 almost 40 per cent of the large
migrant worker population was engaged in the construction sector, and that there had been
a high number of fatal accidents on construction sites, and it subsequently called for
measures to be taken to improve the capacity of labour inspectors to monitor occupational
safety and health, particularly in the construction sector. 35
450. The Committee notes that, in some countries, labour inspection activities to address
informal employment in construction are aimed at the formalization and protection of
workers. For example, in Brazil, the activities of the labour inspectorate to tackle
undeclared work have resulted in the registration of a large number of construction
workers. 36 In other countries, such as Finland, the Government reported that inspections
to combat undeclared work in the construction sector are also targeted at monitoring the
work permits of foreign workers, including during joint inspections with the police and
immigration authorities. With regard to this practice, the Committee noted the concerns
expressed by the Central Organisation of Finnish Trade Unions (SAK) that occupational
accidents in the construction sector are no longer necessarily registered. SAK indicated
that this might be the result of the priority assigned by the labour inspectorate to other
activities, such as those related to undeclared work, as well as the outsourcing and
subcontracting of construction work. 37
451. The Committee expresses the hope that measures will be taken to effectively
monitor the safety and health of all workers engaged in construction, including
undeclared and migrant workers. This could include steps to ensure that labour
inspectors are able to communicate with workers, including opportunities to speak with
workers directly and as appropriate through the hiring of interpreters.
452. The Committee recalls that the primary duty of labour inspectors is to secure the
enforcement of legal provisions relating to conditions of work and the protection of
workers and not to enforce immigration law. In so far as the function of verifying the
legality of employment is carried out, it should have as its corollary the reinstatement of
the statutory rights of all the workers concerned if it is to be compatible with the objective
33 See, ILO: Promoting fair migration, Report III (Part 1B), ILC, 105th Session, Geneva, 2016, para.15.
34 Brazil – CEACR, Convention No. 167, observation, published in 2012; Dominican Republic – CEACR,
Convention No. 167, observation, published in 2012, and direct request, published in 2014; Norway – CEACR,
Convention No. 167, observation, published in 2015; and Serbia – CEACR, Convention No. 167, direct request,
published in 2016.
35 Qatar – CEACR, Convention No. 81, observations, published in 2015 and 2016.
36 Brazil – CEACR, Convention No. 167, observation, published in 2012. See also Colombia – CEACR,
Convention No. 81, observation, published in 2016; and Serbia – CEACR, Convention No. 81, observation,
published in 2014.
37 Finland – CEACR, Convention No. 167, observation, published in 2011. See also Greece – CEACR, Convention
No. 81, observation, published in 2014; and Italy – CEACR, Convention No. 81, observation, published in 2016.
Measures taken to ensure compliance with national laws and regulations on occupational safety and health
ILC.106/III/1B 155
of labour inspection. 38 This objective can only be met if the workers covered are
convinced that the primary task of the inspectorate is to enforce the legal provisions
relating to conditions of work and the protection of workers. Workers in a vulnerable
situation may not be willing to cooperate with the labour inspection services if they fear
negative consequences as a result of inspection activities, such as the loss of their job or
expulsion from the country.
Designation of a competent authority
and labour inspection in mining
Box 5.3 Labour inspection in mining
Article 5(1) and (2) of Convention No. 176 provides that:
1. National laws and regulations ... shall designate the competent authority that is to monitor and regulate the various aspects of safety and health in mines.
2. Such national laws and regulations shall provide for:
(a) the supervision of safety and health in mines;
(b) the inspection of mines by inspectors designated for the purpose by the competent authority;
...
(e) the power of the competent authority to suspend or restrict mining activities on safety and health grounds, until the condition giving rise to the suspension or restriction has been corrected;
...
The competent authority and the organization of inspection services in mining
453. The Convention underlines the importance of designating a competent authority with
a view to monitoring and regulating the various aspects of safety and health in mining. 39
One of the key responsibilities of the competent authority is to ensure inspections of mines,
and to designate inspectors for this purpose. 40 For example, in Finland, the Finnish Safety
and Chemicals Agency (TUKES) is the authority responsible for mining safety and mining
authority activities and enforcing compliance. In Morocco, the Department of Mines and
Hydrocarbons is responsible for ensuring inspection in mines and monitoring the health
and safety of workers in the mining sector.
454. While some countries reported that labour inspection in mining lies within the
competence of the general labour inspectorate, 41 in others, OSH in mining is monitored
by dedicated mining authorities responsible for occupational safety and health including
in Canada, Namibia, the Netherlands and Poland. The Government of Hungary reported
that the control of all aspects relating to occupational health is undertaken by the OSH
Authority, while the control of all aspects relating to occupational safety is carried out by
the Mining Inspectorate.
38 See ILO: General Survey on labour inspection, 2006, para. 78.
39 Article 5(1) of Convention No. 176.
40 Article 5(2) of Convention No. 176.
41 The Governments of Cyprus, Egypt, Montenegro, Russian Federation, United Kingdom and Viet Nam reported
that their labour inspectorates also cover the supervision of OSH in the mining sector.
Working together to promote a safe and healthy working environment
156 ILC.106/III/1B
455. The Committee has noted that in certain countries where no single competent
authority has been designated, coordination efforts have been undertaken to ensure
coherence in the activities of the various authorities responsible for safety and health and
other technical inspections in the mining sector. For example in Colombia, Poland and
Portugal, the Committee has noted the conclusion of inter-institutional agreements to
coordinate inspection activities in the mining sector with a view to increasing the
effectiveness of inspection and the exchange of information, particularly on matters
relating to occupational accidents. 42 On the other hand, the Committee noted the
allegation by the National Union of Workers of the Federal Roads and Bridges Access and
Related Services (SNTCPF) concerning the insufficiency and inefficiency of coordination
in Mexico between the state secretariats involved in joint labour inspections. 43 The
Committee notes, however, that some countries require that inspections in mines are
undertaken at regular intervals, for example in the United States where labour inspections
is to be undertaken in each underground mine in its entirety at least four times a year, and
in each surface mine in its entirety at least two times a year. 44
456. The Committee emphasizes the importance of ensuring that, in cases where there
is no single competent authority designated to monitor and regulate the various aspects
of safety and health in mining, coordination is ensured between the various authorities
responsible for occupational safety and health inspection in mines in order to achieve
effective monitoring in the different areas entrusted to the various agencies.
Obstacles to the application in practice of Article 5(2) of Convention No. 176
457. Article 16(b) of Convention No. 176 calls on member States to provide the inspection
services responsible for controlling the application of the measures taken in the mining
sector with the resources necessary for the accomplishment of their tasks. The preparatory
work for the Convention referred to several practical obstacles to inspections in mines,
such as resource constraints, the insufficient number of inspections and the lack of specific
technical knowledge and expertise. 45 In this regard, the Committee notes the reference by
the Confederation of Workers of Colombia (CTC) to the lack of inspection visits in the
mining sector in Colombia, and the indication by the Single Confederation of Workers of
Colombia (CUT) that inspectors lack specific training in OSH in mining. Moreover, the
Confederation of Portuguese Workers (CGTP) reported that labour inspections in
Portugal have been reduced in the mining sector in particular as a result of the economic
crisis. The Committee also noted that the National Union of Federal Roads and Bridges
Access and Related Services (SNTCPF) alleged the insufficiency of labour inspections in
mines in Mexico and the lack of transport facilities available to reach remote mines. 46
458. The Committee notes that the remoteness of many mines, the existence of a
sometimes large informal subsector and the wide use of subcontracting also present sector-
specific challenges. For example, with respect to mining in Colombia, the National
Employers Association of Colombia (ANDI) stressed that robust action should be taken
42 Colombia – CEACR, Convention No. 81, direct request, published in 2013; Poland – CEACR, Convention
No. 176, direct request, published in 2015; and Portugal – CEACR, Convention No. 176, direct request, published
in 2016.
43 Mexico – CEACR, Convention No. 81, observation, published in 2013.
44 Section 103(a) of the Federal Mine Safety & Health Act of 1977, Public Law 91-173, as amended by Public Law
95-164. 45 ILO: Safety and health in mines, Report V(1), ILC, 81st Session, 1994, Geneva, p. 20.
46 Mexico – CEACR, Convention No. 155, observation, published in 2016.
Measures taken to ensure compliance with national laws and regulations on occupational safety and health
ILC.106/III/1B 157
against illegal extraction activities in violation of the applicable legislation, including
legislation on labour rights. The Committee further recalls that the ILO Tripartite Meeting
on Social and Labour Issues in Small-Scale Mines examined the challenges of monitoring
small-scale mining operations, which often fell to inadequately funded and poorly staffed
mine inspectorates lacking the necessary vehicles or fuel to visit small-scale mining
sites. 47 The Committee has also identified the existence of a sometimes large informal
subsector and the widespread use of subcontracting as further obstacles to the monitoring
of working conditions in the sector. For example, the Committee noted in this respect that
the Autonomous Workers’ Confederation of Peru (CATP) indicated that the majority of
fatal and serious accidents in Peru are recorded among workers engaged under
subcontracting arrangements, where no effective monitoring mechanisms are in place. 48
459. The Committee emphasizes the importance of providing OSH inspectorates
responsible for inspections in mines with the necessary human resources and material
means, including transport facilities and adequate equipment, to achieve the protection
of workers in all workplaces, including remote mines. Inspectors should have the
necessary specific technical expertise (such as engineering skills) and be regularly
trained to undertake their inspection functions successfully in this sector, particularly
in view of the subcontracting arrangements which may further complicate their work.
Labour inspection in agriculture
Box 5.4 Labour inspection in agriculture
Article 5 of Convention No. 184 provides that:
1. Members shall ensure that an adequate and appropriate system of inspection for agricultural workplaces is in place and is provided with adequate means.
2. In accordance with national legislation, the competent authority may entrust certain inspection functions at the regional or local level, on an auxiliary basis, to appropriate government services, public institutions, or private institutions under government control, or may associate these services or institutions with the exercise of such functions.
Organization of the labour inspection services in agriculture
460. Convention No. 184, in its preamble, refers to the principles embodied in Convention
No. 129 and its accompanying Recommendation. Moreover, Recommendation No. 192
provides that, in order to give effect to Article 5 of Convention No. 184, measures
concerning labour inspection in agriculture should be taken in the light of the principles
embodied in the labour inspection (agriculture) instruments. 49 The Committee recalls in
this respect that Article 5(2) of Convention No. 184 and Article 7(3) of Convention
No. 129 offer flexibility in the organization of the labour inspection services in agriculture.
47 ILO: Report for discussion at the Tripartite Meeting on Social and Labour Issues in Small-scale Mines (Geneva,
1999), pp. 58 and 59.
48 Peru – CEACR, Convention No. 176, direct request, published in 2015.
49 Most countries that have ratified Convention No. 184 have also ratified Convention No. 129. Of the 16 countries
that have ratified Convention No. 184, only Ghana, Kyrgyzstan and Sao Tome and Principe have not ratified
Convention No. 129.
Working together to promote a safe and healthy working environment
158 ILC.106/III/1B
461. The Committee notes that many countries reported that they have labour inspection
services that are responsible for ensuring compliance with labour legislation in a wide
range of sectors, including agriculture. 50 In other countries, separate labour inspection
services for the agricultural sector have been established. In Austria, the agriculture and
forestry labour inspectorate is an autonomous unit in the cantonal authorities. In Mauritius,
the Occupational Safety and Health Inspectorate has a unit responsible for enforcing OSH
legislation in agriculture, and in South Africa, OSH representatives of the Department of
Agriculture carry out regular inspections in agricultural enterprises. The Committee has
noted that in some countries there are inspectors specializing in agriculture in the general
labour inspection services. 51
Obstacles in practice to the implementation of Article 5 of Convention No. 184
462. The Committee has noted specific obstacles to the functioning of an effective labour
inspection system in agriculture, such as the inadequacy of labour inspection and
inspection policy in relation to the high incidence of workplace accidents, the small
number of labour inspection visits, and delays in the timely reporting of accidents. 52 In
this respect, the Australian Council of Trade Unions (ACTU) also reported that there is a
low level of compliance among employers in agriculture in Australia, and that means such
as subcontracting are used to circumvent the related obligations.
463. Article 5(1) of Convention No. 184 stresses the importance of ensuring that the
system of inspection is provided with adequate means. In the preparatory work for the
Convention, concerns were expressed about the availability of resources for the
implementation of safety and health laws in agriculture, as the labour inspection services
in many countries focus on urban areas and industrial hazards. 53 In this respect, the
Committee has also often noted difficulties in member States relating to the inadequacy
of resources, including the absence or low number of labour inspectors responsible for
agricultural workplaces and the absence of transport facilities to reach workplaces in
remote areas. 54
464. Taking note of the obstacles identified in the agriculture sector, the Committee
highlights the importance of ensuring that the system of inspection is provided with
adequate budgetary resources, human and material means, and recalls that the
availability of transport facilities is crucial for inspectors to carry out their duties in
agriculture. 55 Recalling the high incidence of vulnerable workers in this sector,
50 For example in Algeria, Belgium, Cambodia, Ireland, Republic of Korea, Malta, Namibia, Netherlands, Russian
Federation, Spain, Thailand and United Kingdom.
51 For example, Finland – CEACR, Convention No. 129, observation, published in 2005; Uruguay – CEACR,
Convention No. 129, observation, published in 2007.
52 See for example the observations made by the Confederation of the Workers of Argentina (CTA) in Argentina –
CEACR, Convention No. 129, observation, published in 2013. See also Guyana – CEACR, Convention No. 129,
observation, published in 2015; Republic of Moldova – CEACR, Convention No. 184, direct request, published in
2016; and the observations made by the Inter-Union Assembly of Workers – National Convention of Workers
(PIT–CNT) in Uruguay – CEACR, Convention No. 184, direct request, published in 2015.
53 ILO: Safety and Health in Agriculture, Report VI(1), ILC, 88th Session, 2000, Geneva, Chapter III.
54 For example, Albania – CEACR, Convention No. 129, direct request, published in 2014; Plurinational State of
Bolivia – CEACR, Convention No. 129, observation, published in 2016; Côte d’Ivoire – CEACR, Convention No.
129, observation, published in 2014, which also refers to the observations of the General Confederation of
Enterprises of Côte d’Ivoire (CGECI); Kenya – CEACR, Convention No. 129, direct request, published in 2013;
and Zimbabwe – CEACR, Convention No. 129, observation, published in 2014.
55 ILO: General Survey on labour inspection, 2006, para. 255.
Measures taken to ensure compliance with national laws and regulations on occupational safety and health
ILC.106/III/1B 159
including migrant workers, women and children, the Committee emphasizes that labour
inspectors should have the necessary skills and capacities to address their specific
situation, including opportunities to speak with them directly, for example through the
hiring of interpreters.
465. During the preparatory work for Convention No. 184, concerns were also raised
regarding the lack of technical knowledge in the agricultural sector. 56 As noted above,
many labour inspectorates cover several sectors and do not have inspectors specializing in
agriculture and OSH. The Committee therefore considers that training on specific
agricultural issues, or the association of technical experts, is indispensable for effective
control of compliance with the relevant legal provisions. While the Committee has noted
the information provided by some governments on the specialized training provided in
some countries, and the association of technical experts in agriculture where necessary, 57
in many cases it has not received the information requested in this regard. 58
466. The Committee emphasizes the importance of ensuring that labour inspectors
working in the agricultural sector receive appropriate initial and further training in the
course of their employment, which takes into account developments in technology and
working methods, as well as the risks associated with the use of machinery and tools,
and the handling of products, chemical substances and pesticides to which workers and
their families are exposed.
Corrective measures, appropriate
penalties and their application
Box 5.5 Provision of appropriate penalties and corrective measures
Construction
Article 35 of Convention No. 167 provides that:
Each Member shall:
(a) take all necessary measures, including the provision of appropriate penalties and corrective measures, to ensure the effective enforcement of the provisions of the Convention;
...
Mining
Article 5(2) of Convention No. 176 provides that:
2. ... national laws and regulations shall provide for:
...
(e) the power of the competent authority to suspend or restrict mining activities on safety and health grounds, until the condition giving rise to the suspension or restriction has been corrected;
...
Article 16 of Convention No. 176 provides that:
The Member shall:
56 ILO: Safety and health in agriculture, Report VI(1), ILC, 88th Session, 2000, Chapter III.
57 For example, Estonia – CEACR, Convention No. 129, direct request, published in 2013; and Iceland, Convention
No. 129, direct request, published in 2015.
58 For example, Azerbaijan – CEACR, Convention No. 129, direct request, published in 2014; Bosnia and
Herzegovina – CEACR, Convention No. 129, direct request, published in 2014; Hungary – CEACR, Convention
No. 129, direct request, published in 2016; and Kazakhstan – CEACR, Convention No. 129, direct request,
published in 2016.
Working together to promote a safe and healthy working environment
160 ILC.106/III/1B
(a) take all necessary measures, including the provision of appropriate penalties and corrective measures, to ensure the effective enforcement of the provisions of the Convention;
...
Agriculture
Article 4(3) of Convention No. 184 provides that:
The designated competent authority shall provide for corrective measures and appropriate penalties in accordance with national laws and regulations, including, where appropriate, the suspension or restriction of those agricultural activities which pose an imminent risk to the safety and health of workers, until the conditions giving rise to the suspension or restriction have been corrected.
Provision and application of corrective measures
467. In addition to the application of penalties, the sectoral Conventions also provide for
the provision and application of corrective measures. These include the measures taken by
the enforcement authority to correct or remedy infringements. 59 With respect to mining,
Convention No. 176 provides that the competent authority must be empowered to suspend
or restrict mining activities on safety and health grounds. In relation to agriculture,
Convention No. 184 provides that corrective measures include the suspension or
restriction of those agricultural activities which pose an imminent risk to the safety and
health of workers until the conditions are corrected.
468. The Committee has noted that the national legislation in almost all countries accords
powers to labour inspectors aimed at eliminating or at least reducing occupational risks
affecting safety and health in workplaces liable to inspection, including the power to issue
notices ordering alterations to installations, plant or premises, tools, equipment and
machines. These can be required immediately or within a specified time limit, as
determined by the labour inspector in light of individual circumstances and the complexity
of the measures proposed, such as the existence of an imminent danger to the health or
safety of workers. Powers in relation to the suspension of operations or the closure of an
establishment often depend on the seriousness of the hazard. 60
469. While many countries provide for the application of corrective measures, 61 certain
workers’ and employers’ organizations highlighted difficulties in their implementation in
practice. For example, the National Union of Miners, Metalworkers and Allied Workers
of the Republic of Mexico (SNTMMSSRM) indicated that, despite the new measures
adopted to strengthen the powers of labour inspectors in Mexico, including the power to
order the total or partial suspension of the activities of the mine in the event of imminent
danger, these are not properly applied in practice. The Building and Wood Workers’
International (BWI) and the Construction and Building Materials Industry Workers’
Union of Ukraine (CBMI) indicated that in Ukraine, in the reform of the labour inspection
system, the powers of inspectors to shut down individual workplaces with the most severe
violations of occupational safety laws and regulations have been curtailed, thereby
jeopardizing the lives of workers. The Sudanese Businessmen and Employers Federation
(SBEF) observed that there are issues with regard to the powers of inspection, including
the authority to halt operations and the adoption of integrated corrective action in
59 See ILO: Safety and Health in construction, Report IV(1), ILC, 75th Session, 1988, p. 65.
60 ILO: General Survey on labour inspection, 2006, paras 105–131.
61 For example, Denmark (Section 77(1) of the Working Environment Act), Hungary (Section 84 of the OSH Act
No. 1993), Iceland (Section 85 of Act No. 46/1980 on the working environment, health and safety in workplaces),
Latvia (Section 5(2) of the State Labour Inspection Law), Morocco (Section 542 and 543 of the Labour Code),
Poland (Section 11 of State Labour Inspectorate Act), and Sri Lanka (Section 44 of the Factories Ordinance).
Measures taken to ensure compliance with national laws and regulations on occupational safety and health
ILC.106/III/1B 161
coordination with other authorities in Sudan. The American Federation of Labor and
Congress of Industrial Organizations (AFL-CIO) indicated that, although the occupational
safety and health authority in the United States is authorized to order the abatement of
hazards, employers are not required to take measures while orders are being contested or
appealed, which can take years, during which workers continue to be exposed to hazards.
The Committee has also noted that in certain countries labour inspectors must provide
advice, a warning or a reprimand prior to ordering any measures to eliminate a hazard,
which may prevent the protection of workers in cases of an imminent threat to their safety
and health. 62
470. With reference to its considerations concerning limitations and restrictions on
labour inspection, the Committee calls on governments to ensure that labour inspectors
are given adequate access to workplaces to deal with OSH issues and protect workers
from occupational hazards. The Committee recalls the importance that it attaches to the
effective exercise by labour inspectors of the authority to prescribe measures with
immediate executory force in order to eliminate imminent dangers to the safety and
health of workers. 63
Importance of providing for appropriate penalties
471. Each of the sectoral Conventions requires the establishment of appropriate penalties
for their enforcement. In this respect, the Committee has repeatedly emphasized that it is
essential for the credibility and effectiveness of regulatory systems that penalties are
sufficiently dissuasive and that they are defined in the national legislation in proportion to
the nature and gravity of the offence. In this context, it has noted that the legislation of
most countries provides for penalties in cases of the violation of the legal provisions
enforceable by labour inspectors, including both fines and terms of imprisonment. 64
Sufficiently dissuasive penalties
472. To ensure that penalties have the necessary deterrent effect consideration is often
given to the level of intent of perpetrators (simple carelessness, negligence, wilfulness,
recklessness, etc.) 65 and their status as a natural or legal person. 66 Other considerations
for the prescription of adequate penalties include ensuring that the amounts of fines are
regularly adjusted to take account of inflation, 67 linking the amount of penalties to the
increase of the national minimum wage, and determining the amount of fines based on
criteria such as the repetition of offences, business turnover and the number of workers
affected by the offence, or the nature and consequences of the violation. 68
62 For example, Iraq – CEACR, Convention No. 81, direct request, published in 2016; Senegal – CEACR,
observation, published in 2014.
63 See Article 13(2)(b) of Convention No. 81. See also ILO: General Survey on labour inspection, 2006, para. 117.
64 ILO: General Survey on labour inspection, 2006, paras 291–306.
65 See for example, Australia (Part 2, Division 5 of the 2011 Work Health and Safety Act), New Zealand (Part 2,
Subpart 4 of the 2015 Health and Safety Act), Russian Federation (section 143 of the Criminal Code) and
Turkmenistan (section 151 of the 2010 Criminal Code).
66 See, for example, Croatia (section 95 et seq. of the OSH Act) and Latvia (section 41(6) of the Administrative
Violations Code).
67 ILO: General Survey on labour inspection, 2006, para. 295.
68 ibid., para. 299. These findings are confirmed by the replies received in 2016. For example, in Egypt and Poland,
the amount of penalties imposed depends on the harm caused by an infringement, such as loss of life or a serious
detriment to the health of workers.
Working together to promote a safe and healthy working environment
162 ILC.106/III/1B
473. In some countries, fines have been increased to achieve improved compliance. In the
United States, the maximum penalties under the OSH Act were increased in August 2016
by approximately 78 per cent to take into account inflation, and will continue to be
adjusted based on the Consumer Price Index. The Committee also noted that in Sweden
penalty charges have been introduced and the threshold for their imposition lowered to
address the most common legislative breaches in the construction sector. 69
474. The Committee further notes the indications by several workers’ organizations
regarding the absence of dissuasive penalties for OSH violations, including the Gabonese
Confederation of Free Trade Unions (CGSL) in Gabon and the Confederation of United
Independent Unions (CONUSI) in Panama. The Government of Namibia also reported
that the fines for non-compliance with the OSH regulations were too lenient to deter
violations.
475. The Committee encourages member States to ensure that the penalties established
in the national legislation (whether they are of an administrative, civil or penal nature)
are sufficiently dissuasive to deter OSH violations and that they are defined in
proportion to the nature and the gravity of the offence. 70
Importance of the effective enforcement penalties for violations in the area of OSH
476. The Committee has repeatedly emphasized that penalties should not only be
prescribed, as is the case in most countries, but must also be effectively enforced to compel
employers to take corrective action and to dissuade them from future violations concerning
conditions of work. Obstacles to the enforcement of penalties include, for example, time-
consuming court proceedings, the lack of political commitment and inadequate
cooperation between the labour inspection services and the justice system. 71 An ILO study
carried out in 2013 examined various enforcement procedures in member States and the
common challenges faced. It found that in some countries penalties are only rarely
imposed and that effective enforcement procedures are only conducted if the violation has
resulted in serious harm to health or safety. 72 The obstacles encountered in this context
include the lack of adequate training for labour inspectors and enforcement staff, and the
absence of statistical data to evaluate the performance of the enforcement system and take
measures for its improvement. 73
477. In relation to obstacles in the enforcement of penalties, the Confederation of Workers
of Colombia (CTC) indicated that fines are not collected effectively in Colombia. The
Georgian Trade Unions Confederation (GTUC) observed that the powers of labour
monitors are restricted in Georgia, and that they are only empowered to issue
recommendations to employers, rather than to institute or recommend proceedings.
478. The Committee encourages member States to take measures to ensure that
penalties for violations in the area of OSH are effectively enforced. This may require a
number of different measures, such as the establishment of mechanisms for the effective
cooperation of the labour inspection services with the justice system, the additional
69 Sweden – CEACR, Convention No. 167, direct request, published in 2015.
70 ILO: General Survey on labour inspection, 2006, paras 291–302.
71 See CEACR, general observation on the importance of cooperation between the labour inspection services and
the justice system, Convention No. 81, published in 2008.
72 ILO: Labour inspection sanctions: Law and practice of national labour inspection systems, Geneva, 2013.
73 ibid., pp. 42–43.
Measures taken to ensure compliance with national laws and regulations on occupational safety and health
ILC.106/III/1B 163
training of labour inspectors and enforcement staff, and the collection and review of
statistical data on the violations detected and the follow-up action taken, including the
outcome of the legal rulings related to the violations, to evaluate the effectiveness of
judicial procedures.
Key role of labour inspection in disseminating information on safety and health – striking a balance between advice and enforcement
479. The prioritization of prevention is a common theme of Conventions Nos 187, 167,
176 and 184. Labour inspectorates have a key role to play in providing guidance, advice
and information to both employers and workers with a view to preventing violations of
the OSH legislation and harm to the health and safety of workers. 74 Labour inspectors can
help employers understand often technically complex OSH matters and implement the
necessary measures to ensure safety and health in the workplace. Labour inspectors can
also make workers aware of the specific hazards in the workplace and the precautions
necessary to protect themselves and their co-workers. This takes on even greater
importance in particularly hazardous sectors, such as construction, mining and agriculture.
In this respect, the Committee has noted the various preventive activities undertaken by
national labour inspectorates, often in collaboration with the social partners, including
educational and promotional activities, information sessions and seminars and meetings
on OSH for employers, workers and OSH representatives. 75 For example, the
Governments of Austria and Poland reported that awareness-raising campaigns have been
undertaken by the inspectorate in relation to specific risks. The Governments of Australia,
Cyprus Ethiopia, and Mauritius highlighted the training on OSH implemented by the
labour inspection system.
480. The Committee notes the current discussion in some countries on whether an
advisory or sanctions-based approach is more suitable to achieving compliance in the area
of OSH. In this regard, it notes the observations of Business New Zealand that, given the
complexity of the health and safety legislation, more can be achieved in New Zealand
through education, assistance and information than by imposing penalties for acts, which
SMEs, in particular, may not recognize as being contrary to statutory provisions. The
National Confederation of Industry (CNI) indicated that inspections in Brazil focus on
punitive action, rather than prevention, even though many labour inspectors have no
specific training in the area of OSH. The National Union of Miners, Metalworkers and
Allied Workers of the Republic of Mexico (SNTMMSSRM) observed that the labour
inspectorate in Mexico is mostly reactive, sanctioning employers where a violation has
occurred, but not taking sufficient action to prevent violations. The IOE also indicated that,
while OSH regulations and institutions are very important, compliance with the law has
to be accompanied by education, training and support for compliance.
481. In this context, the Committee underlines that preventive measures of the labour
inspectorate are intended to prevent occupational accidents or diseases or violations from
74 See Article 3(1)(b) of Convention No. 81. See also, ILO: General Survey on occupational safety and health,
2009, paras 109 et seq.
75 For example, Azerbaijan – CEACR, Convention No. 129, direct request, published in 2014; Dominican Republic
– CEACR, Convention No. 167, observation, published in 2012; Latvia – CEACR, Convention No. 129, direct
request, published in 2015; Malaysia – CEACR, Convention No. 187, direct request, published in 2015; Mexico –
CEACR, Convention No. 167, observation, published in 2015; Poland – CEACR, Convention No. 129, direct
request, published in 2014; Romania – CEACR, Convention No. 129, direct request, published in 2014; Suriname
– CEACR, Convention No. 62, direct request, published in 2015; Zambia – CEACR, Convention No. 176, direct
request, published in 2014; and Zimbabwe – CEACR, Convention No. 81, observation, published in 2014.
Working together to promote a safe and healthy working environment
164 ILC.106/III/1B
occurring. The provision of guidance and advice is essential with a view to preventing
occupational safety and health violations, but may not be appropriate to remedy violations
once they have occurred. With regard to the possible courses of action once a violation
has occurred, the Committee recalls that labour inspectors should have the discretion to
be able to order remedial measures and give warnings instead of instituting or
recommending proceedings, where the situation so requires, including where the labour
inspector concludes that a violation results from a failure to understand the terms or scope
of the applicable laws or regulations. 76
482. The Committee recalls that an appropriate balance needs to be struck between the
advisory functions of labour inspection, and its enforcement functions. 77 As
emphasized during the 2011 ILC, these functions should be regulated and balanced as
part of a comprehensive compliance strategy. 78 The Committee further considers that
while the Conventions examined in this Survey prioritize action aimed at preventing
occupational accidents and diseases, sanctions remain an important element for
effective labour law compliance. The possibility of labour inspectors imposing sanctions,
where these are merited and warranted to deter future violations, constitutes an essential
component of any preventative strategy.
2. Complementary measures to ensure compliance
483. Measures to overcome challenges of compliance have been subject to long-standing
reflection. In this regard, in addition to emphasizing the importance of providing labour
inspection systems with sufficient resources, the preparatory work for Convention No. 187
also recognized the role that could be played by complementary initiatives to ensure
compliance with OSH legislation. 79
484. Complementary enforcement strategies can include measures to publicize the status
of OSH conditions in workplaces, the exclusion of actors with poor safety records from
participating in public tenders for contracts, increased insurance premiums, the withdrawal
of permits and the suspension or revocation of a company’s operating licence. 80 For
example, the National Confederation of Industry (CNI) indicated that in Brazil insurance
premiums are increased or reduced according to the OSH record of employers.
485. The preparatory work also highlighted the possibility of entrusting a role in the
promotion of compliance to actors other than labour inspectorates, including employers
and workers and other public and private entities. 81 Reference was made to mechanisms
to ensure that employers comply with their OSH obligations and, in relation to workers,
to the role of worker safety representatives, joint safety committees and the establishment
76 Article 17 of Convention No. 81; and ILO: General Survey on labour inspection, 2006, para. 282.
77 ILO: General Survey on occupational safety and health, 2009, para. 99.
78 ILO: Labour administration and labour inspection: Report of the Committee on Labour Administration, ILC,
100th Session, Geneva, 2011, para. 12 of the Conclusions.
79 ILO: Promotional framework for occupational safety and health, Report IV(1), ILC, 93rd Session, 2005,
paras 54–55.
80 ILO: General Survey on occupational safety and health, 2009, para. 105.
81 ILO: Promotional framework for occupational safety and health, Report IV(1), ILC, 93rd Session, 2005,
paras 54–55. Reference was made to private organizations in technical examinations, such as insurance companies
and designated companies. During the preparatory work for Convention No. 167, reference was also made to the
delegation of supervisory functions to local bodies. ILO: Safety and health in construction, Report V(1), ILC,
73rd Session, 1987, p. 30.
Measures taken to ensure compliance with national laws and regulations on occupational safety and health
ILC.106/III/1B 165
of OSH management systems at the workplace as a collaborative effort between employers
and workers. 82
Mechanisms for employers to achieve
compliance: Risk assessments
486. The Committee has noted that enterprises have been taking on more responsibility,
for example by carrying out risk assessments, including compliance self-assessments,
which are increasingly being required as part of the effective management of OSH in the
workplace. 83 The Committee noted that, in certain countries, including India and Viet
Nam, self-assessments have to be submitted to the labour inspectorate as a means of
providing information for the planning of inspection strategies. 84 As indicated in Chapter
IV of this General Survey, countries are also taking measures to assist or encourage
employers (especially in SMEs) to comply with their risk assessment obligations. Despite
these efforts, the Committee notes the indication by certain trade unions that employers
are not fulfilling their obligations in relation to risk assessments. 85 It further notes the
observations by the IOE concerning Convention No. 184 that farmers may not have
sufficient infrastructure to conduct risk assessments. While the Committee has requested
a number of countries to provide information on how the legal obligation of employers to
carry out risk assessments is supervised in practice, 86 little information is thus far
available in this respect.
487. The Committee notes that the promotion of workplace risk-management initiatives
appears in some countries to have been accompanied by limitations on inspection activities,
or reductions in the number of inspections. 87 For example, the joint observations of the
Building and Wood Workers’ International (BWI) and the Construction and Building
Materials Industry Workers’ Union of Ukraine (CBMI) indicated that the scope of labour
82 ILO: Promotional framework for occupational safety and health, Report IV(1), ILC, 93rd Session, 2005,
paras 54–55.
83 See ILO: General Survey on occupational safety and health, 2009, para. 108.
84 India – CEACR, Convention No. 81, observation, published in 2016; Viet Nam – CEACR, Convention No. 81,
direct request, published in 2013.
85 In Mexico, the National Union of Miners, Metalworkers and Allied Workers of the Republic of Mexico
(SNTMMSSRM); and in the Republic of Korea, the Federation of Korean Trade Unions (FKTU). The Netherlands
Trade Union Confederation (FNV), the National Federation of Christian Trade Unions (CNV) and the Trade Union
Federation of Professionals (VCP) alleged that a significant number of employers do not have a risk-assessment
system and do not comply with their obligations under the Working Conditions Act to seek expert OSH assistance.
See ILO: Report of the Committee set up to examine the representation alleging non-observance by the Netherlands
of the Labour Inspection Convention, 1947 (No. 81), the Labour Inspection (Agriculture) Convention, 1969
(No. 129), and the Occupational Safety and Health Convention, 1981 (No. 155), made under article 24 of the ILO
Constitution by the Netherlands Trade Union Confederation (FNV), the National Federation of Christian Trade
Unions (CNV) and the Trade Union Federation of Professionals (VCP), Governing Body, 322nd Session, Oct.–
Nov. 2014, GB.322/INS/13/7.
86 For example, United Kingdom – CEACR, Convention No. 81, observation, published in 2016; United Kingdom:
Jersey – CEACR, Convention No. 81, direct request, published in 2016; Serbia – CEACR, Convention No. 81,
direct request, published in 2014; Viet Nam – CEACR, Convention No. 81, direct request, published in 2013.
87 For example, India – CEACR, Convention No. 81, observation, published in 2016; and ILO: Report of the
committee set up to examine the representation alleging non-observance by the Netherlands of the Labour
Inspection Convention, 1947 (No. 81), the Labour Inspection (Agriculture) Convention, 1969 (No. 129), and the
Occupational Safety and Health Convention, 1981 (No. 155), made under article 24 of the ILO Constitution by the
Netherlands Trade Union Confederation (FNV), the National Federation of Christian Trade Unions (CNV) and
the Trade Union Federation of Professionals (VCP), Governing Body, 322nd Session, Oct.–Nov. 2014,
GB.322/INS/13/7.
Working together to promote a safe and healthy working environment
166 ILC.106/III/1B
inspections in Ukraine has been severely restricted, as OSH inspections are now carried
out on the basis of risk analyses undertaken by employers themselves, particularly as they
often lack the required expertise to undertake such assessments.
488. As emphasized in Chapter IV, assessments at the workplace level are important
OSH tools, as they provide employers with the possibility to improve their understanding
of the relevant requirements and to take remedial action, where necessary. However,
the Committee emphasizes that these methods are aimed at ensuring that employers
comply with their obligations, and should not be considered as a replacement for the
supervisory and enforcement functions of the labour inspectorate.
Involvement of workers and
trade unions in compliance
489. The Committee notes that the national legislation in many countries, such as in the
Member States of the European Union, established the right for workers or their
representatives to participate in risk assessments carried out by employers. 88 In United
States, the American Federation of Labor and Congress of Industrial Organizations (AFL-
CIO) indicated that many standards on toxic substances and safety hazards require risk
assessments and that they permit workers to observe or participate in these assessments,
and entitle workers and their representatives to receive the results of the assessments.
Other forms of participation in monitoring compliance with OSH have also been examined
throughout this General Survey, including the important role played by OSH
representatives or committees, and the promotion of worker participation through the
development of a safety and health culture. In this context, the Committee also notes that
certain trade unions have referred to the positive experience of the involvement of trade
unions in labour inspection. 89
490. The Committee emphasizes the importance of the participation of workers in the
promotion of compliance, and recalls that this requires the provision of adequate and
appropriate training, as well as measures to ensure that workers receive the necessary
health and safety information. Moreover, the involvement of workers in workplace
monitoring should not be linked to a reduction in the enforcement function of
independent labour inspectors. 90 The Committee also recalls the need to ensure the
protection of workers and their representatives from disciplinary measures for action
taken in this respect. 91
88 See Article 11(2) in conjunction with Article 9(1) of Council Directive 89/391/EEC of 12 June 1989.
89 For example, the All-Poland Alliance of Trade Unions (OPZZ) in Poland; and the Confederation of Labour of
the Argentine Republic (CGT RA) in Argentina.
90 ILO: Report of the Committee set up to examine the representation alleging non-observance by the Netherlands
of the Labour Inspection Convention, 1947 (No. 81), the Labour Inspection (Agriculture) Convention, 1969
(No. 129), and the Occupational Safety and Health Convention, 1981 (No. 155), made under article 24 of the ILO
Constitution by the Netherlands Trade Union Confederation (FNV), the National Federation of Christian Trade
Unions (CNV) and the Trade Union Federation of Professionals (VCP), Governing Body, 322nd Session,
Oct.–Nov. 2014, GB.322/INS/13/7.
91 Article 5(e) of Convention No. 155.
Measures taken to ensure compliance with national laws and regulations on occupational safety and health
ILC.106/III/1B 167
Incentive schemes
491. The preparatory work for Convention No. 187 recognized the use of incentives as a
complementary measure to ensure compliance. 92 These measures may include, for
example, voluntary accreditation schemes acknowledging employers who have exemplary
safety records, 93 or the presentation of prizes and awards for high OSH performance. 94
For example, the Government of the United States implements a voluntary programme
which recognizes employers that have implemented effective safety and health
management systems and maintained injury and disease rates below the average for their
respective industries. To participate in the programme, employers must undergo a rigorous
on-site evaluation by a team of safety and health professionals, and following acceptance
into the programme, the enterprise is exempt from programmed inspections, subject to
periodic re-evaluation. The Committee understands that this initiative depends on accurate
and good faith reporting of data on accidents and occupational diseases and that inaccurate
reporting would be a serious violation liable to the imposition of dissuasive penalties. The
Government of Indonesia reported that it awards recognition annually to companies for
“zero accidents”, and the Government of Sri Lanka introduced an OSH excellence award
scheme in 2014 to recognize companies that have implemented good safety practices and
achieved excellent safety performance.
Private compliance initiatives
492. The Committee notes that an increasing number of private compliance initiatives
(PCIs) with differing objectives have been developed in recent years with the objective,
among others, of assessing conformity with national and international standards in the area
of OSH.
493. The Meeting of Experts on Labour Inspection and the Role of Private Compliance
Initiatives, held in December 2013, reviewed current global trends in PCIs and their impact
on working conditions. 95 The Meeting concluded that there are a variety of different types
of PCIs and that their impact, sustainability and effects, including in the field of OSH,
require further analysis. 96 However, it was emphasized by all participants that labour
inspection should remain a public function, that enforcement could not be subcontracted
or delegated to private bodies, and that PCIs should not exempt enterprises from the
obligation of complying with labour laws or from workplace inspections by public
authorities. In this context, it was highlighted that PCIs could only play a complementary
role in compliance and that coordination with labour inspectorates is possible and could
work successfully, without undermining the role of labour inspection. 97 Moreover,
workers’ and employers’ organizations should be more closely involved in these
initiatives. 98
92 ILO: Promotional framework for occupational safety and health, Report IV(1), ILC, 93rd Session, 2005,
para. 55.
93 ILO: General Survey on occupational safety and health, 2009, para. 108.
94 For example, Indonesia, Republic of Korea, Singapore and Sri Lanka.
95 ILO: Meeting of Experts on Labour Inspection and the Role of Private Compliance Initiatives (Geneva,
10–12 December), Final report, MEPCI/2013/7.
96 ibid., para. 7 of the Chairperson’s summary.
97 ibid., para. 11 of the Chairperson’s summary.
98 ibid., para. 10 of the Chairperson’s summary. In this regard, the General Union of Workers (UGT) of Spain
reported that some private compliance initiatives have started to involve workers’ organizations.
Working together to promote a safe and healthy working environment
168 ILC.106/III/1B
494. With regard to safety and health, a recent ILO report on decent work in global supply
chains highlighted that it has been widely acknowledged that corporate social
responsibility initiatives and social auditing by leading firms have achieved some success
in addressing violations of labour standards related to OSH. 99 However, the report
highlighted a number of fundamental limitations to the effectiveness of PCIs in ensuring
long-term compliance, including a lack of accountability, worker participation and
coordination with the local labour administration, and the fact that they are often limited
to lead firms and upper-tier suppliers (rather than the lower-tier firms, where cases of non-
compliance are frequently documented). 100 Nevertheless, the report recognized that the
strengths of PCIs lie in their potential to increase the capacity for workplace compliance,
including with respect to safety and health. 101 In this respect, the Conference Committee
on Decent Work in Global Supply Chains concluded, with respect to PCIs, that efforts by
other stakeholders to promote workplace compliance can support, but not replace, the
effectiveness and efficiency of public governance systems. 102
495. With reference to the considerations above, the Committee considers that effective
PCIs can contribute to addressing compliance gaps with respect to OSH. In light of the
record of risks to life, safety and health experienced by workers, PCIs can effectively
play this role, especially in relation to the ability of lead firms to monitor supply chain
practices, and complement the public enforcement of safety and health standards.
However, such initiatives are not a substitute for public labour inspection and should
not exempt member States from taking the necessary measures in this regard, nor
should they take the place or be taken as an excuse for reducing the capacity and
frequency of public labour inspection visits.
* * *
496. Labour inspection is the primary means of securing compliance with OSH
standards. The Committee therefore calls on member States to make the necessary
efforts to maintain and strengthen their national labour inspection systems to achieve
this objective. Since advice and enforcement are inseparable in practice, the Committee
encourages member States to devise compliance strategies that encourage, help and
guide employers to comply voluntarily. It further encourages member States to ensure
that those employers who do not comply voluntarily are appropriately sanctioned, taking
into account the gravity of the violation. While the involvement of employers and
workers in compliance monitoring and assessment, as well as new forms of private
compliance and innovative mechanisms, are to be welcomed, such strategies cannot
replace the compliance and enforcement functions undertaken by independent and
specially trained public servants.
99 ILO: Decent work in global supply chains, Report IV, ILC, 105th Session, 2016, para. 138.
100 ibid., paras 138–139.
101 ibid., para. 140.
102 ILO: Reports of the Committee on Decent Work in Global Supply Chains: Resolution and conclusions, ILC,
105th Session, Geneva, 2016, para. 10.
ILC.106/III/1B 169
Chapter VI. Achieving the potential
of the instruments
1. Measures to give further effect to the instruments
497. The report form for this General Survey asked governments to provide information
on the impact of the ILO instruments under examination. In particular, governments were
asked to report on any modifications in national legislation or practice, or any intention to
adopt measures, including ratification, to give effect to the provisions of the instruments,
as well as any difficulties that may prevent or delay ratification.
Implementation of the instruments
498. In addition to the numerous cases of progress noted by the Committee with respect
to member States that have ratified the Conventions, a number of governments indicated
in their replies that they have adopted measures to incorporate the provisions of the
instruments into national legislation, despite not having ratified the Conventions. The
Government of Brazil reported that the Tripartite OSH Committee was established in 2008
for the purpose of evaluating and proposing measures for the national application of
Convention No. 187, including reviewing the OSH policy, developing a national OSH
programme and making proposals to improve the national OSH system. The Government
of Greece reported taking Convention No. 187 into account when developing its national
OSH programme, particularly with regard to the setting of specific goals and objectives.
The Government of Australia indicated that the National Mine Safety Framework
(including the development of model regulations for implementation by jurisdictions) was
developed with the aim of incorporating the principles of Convention No. 176. The
Government of Bosnia and Herzegovina indicated that ILO Conventions relating to OSH,
including Convention No. 167, were taken into account in the development of the new
draft OSH law. Moreover, the Government of Sri Lanka reported that it is undertaking
legislative revisions taking into account the ILO Conventions on OSH, and the
Government of Uganda also indicated that a national policy is under development and the
Government of Trinidad and Tobago reported that consideration will be given to ILO OSH
standards during the process of the planned amendment of the OSH Act.
499. Certain governments also reported that their national legislation is in general
conformity with the Conventions covered by the Survey, including the Governments of
Belarus, Bulgaria and Lithuania. The Government of Greece indicated that national
legislation is in conformity with Conventions Nos 167 and 187, while the Government of
Estonia reported that the general principles of Convention No. 187 are reflected in national
safety and health legislation. The Government of Barbados reported that the Safety and
Health at Work Act of 2013 gives effect to most of the provisions of the Conventions and
Working together to promote a safe and healthy working environment
170 ILC.106/III/1B
Recommendations and the planned legislative revision will further address additional
aspects in this regard.
Ratification of the instruments
Prospects for ratification
500. Several governments reported taking steps towards the ratification of Convention
No. 187. The Governments of Italy and Portugal indicated that they have begun the
process of ratification. The Government of Belgium indicated that the process of
ratification of the Convention was ongoing, as the National Parliament has approved
ratification in April 2014, while the approval of the Communities is still pending. The
Government of China indicated that the State Administration on Work Safety is working
on the ratification of the Convention. The Government of Morocco indicated that the
process of ratification started in 2012 and that ratification was approved by the National
Parliament in 2013. 1 The Government of Senegal indicated that the ratification process
started with the preparation of a comparative analysis of national legislation with the
provisions of the Convention. The Government of Namibia indicated that it is working on
OSH systems and structures, including the development of a national policy on OSH
through the Decent Work Country Programme to accelerate the process of ratification of
the OSH Conventions, including Convention No. 187. The Government of Philippines
indicated that consultations have been undertaken for the ratification of the Convention,
and that the issue is under consideration by the Department of Foreign Affairs.
501. Some governments reported examining steps for the ratification of Convention
No. 176. The Government of Argentina indicated that it was working on the ratification
of the Convention. The Government of Denmark indicated that the national authorities are
examining the Convention, as well as any measures that would have to be taken for its
implementation. It added that the Government of Greenland has expressed an interest in
being covered by the ratification of the Convention by Denmark. The Government of
Mexico indicated that the possibility of ratifying the Convention was examined in 2012,
and it was found that the Convention and the national legislation were consistent.
Proceedings for the submission of the Convention have been initiated, and the Senate will
in turn provide its opinion on the feasibility of ratification.
502. The Government of Albania indicated that the ratification of Convention No. 184
was foreseen in its 2016–20 Occupational Safety and Health Policy and its accompanying
action plan.
503. Several governments reported their intention to consider the ratification of certain of
the instruments in the future. The Government of Estonia indicated that, following
discussions on possible amendments to the OSH Act, a group of experts recommended in
2011 the examination, as a matter of priority, of the possibility of ratifying Convention
No. 187, as well as Conventions Nos 155 and 161. The Government of Montenegro
indicated that it is considering ratifying Conventions Nos 176 and 184, and the
Government of Morocco indicated that the ratification of Conventions Nos 167 and 184
are under consideration. The Government of Uruguay reported that the revision of the
national legislation is ongoing, and that this process may include an analysis of ILO
1 The Government of Morocco has yet to complete the process of ratification of Convention No. 187 by
communicating the formal ratification of the Convention to the Director-General of the ILO, as provided for in
article 19 of the ILO Constitution. Morocco ratified Convention No. 176 in 2013.
Achieving the potential of the instruments
ILC.106/III/1B 171
instruments that have not yet been ratified, such as Convention No. 187. 2 The
Government of Viet Nam highlighted the efforts made to improve national OSH legislation
and indicated that the preparation of a roadmap for the ratification of the Conventions is
under consideration. The Government of Germany indicated that the ratification of
Convention No. 184 is still under consideration. The Government of the Russian
Federation emphasized that it is working to align and harmonize OSH legislation with
Conventions Nos 167 and 184, which would accelerate preparations for their ratification. 3
504. Certain governments which have not ratified any of the four Conventions examined
indicated, in general, that ratification would be considered, including the Governments of
Antigua and Barbuda, Barbados, Ethiopia, Israel, Tunisia, United Republic of Tanzania
and Uzbekistan. In addition, the Government of Croatia indicated its intention to adopt
measures to give further effect to the provisions of the Conventions, including ratification.
The Government of Ecuador indicated that the national legislation is undergoing a
revision and that, in the future, coordination efforts with the institutions involved will be
directed towards analysing the possibility of ratifying the Conventions. The Government
of Greece highlighted its intention to examine ways of overcoming the obstacles to
ratification that have been identified. The Government of Saint Vincent and the
Grenadines highlighted its firm intention of adopting new OSH legislation and that,
following enactment, there is a strong possibility of ratifying at least one of the OSH
Conventions. The Government of Seychelles indicated that, following the forthcoming
launch of the national OSH policy, due consideration will be given to the ratification of
the relevant OSH Conventions.
505. Some governments also reported that tripartite consultations have, or will be
undertaken, to discuss the possibility of ratification. The Government of Zimbabwe
indicated that consultative efforts are under way to give consideration to the ratification
of Convention No. 187. The Government of Algeria indicated that the ratification of
Convention No. 187 is on its agenda and will be submitted for tripartite consultation. 4
The Government of the Czech Republic indicated that a tripartite review of unratified
Conventions started in 2015, offering an opportunity to consider ratifying Convention
No. 184. The Government of Mauritius reported that tripartite consultations will be held
to undertake an in-depth examination of the requirements of Conventions Nos 167 and
184 with a view to identifying existing obstacles and proposing action for their
ratification. 5 The Government of Guatemala indicated that further extensive consultations
are needed to identify the obstacles in practice to ratification and that the ongoing
implementation of OSH measures was necessary prior to the consideration of ratification. 6
The Government of the Republic of Korea indicated that it will examine the Conventions
with a view to their ratification in consultation with workers’ and employers’
organizations. 7
Difficulties preventing or delaying ratification
506. A number of member States however reported that ratification is not currently
foreseen or intended for one or more of the instruments. They include the Governments of
2 Uruguay ratified Conventions Nos 167, 176 and 184 in 2005, 2014 and 2005 respectively.
3 Russian Federation ratified Conventions Nos 176 and 187 in 2013 and 2011 respectively.
4 Algeria ratified Convention No. 167 in 2006.
5 Mauritius ratified Convention No. 187 in 2012.
6 Guatemala ratified Convention No. 167 in 1991.
7 Republic of Korea ratified Convention No. 187 in 2008.
Working together to promote a safe and healthy working environment
172 ILC.106/III/1B
Austria (Conventions Nos 167 and 184), Belarus (Conventions Nos 176, 184 and 187),
Costa Rica (Conventions Nos 167, 176, 184 and 187), Georgia (Conventions Nos 167,
176, 184 and 187), Japan (Conventions Nos 167, 176 and 184), Latvia (Conventions
Nos 167, 176, 184 and 187), Madagascar (Conventions Nos 167, 176, 184 and 187), Mali
(Conventions Nos 167, 176, 184 and 187), Netherlands (Conventions Nos 167, 176 and
184), New Zealand (Conventions Nos 167, 176, 184 and 187), Panama (Conventions
Nos 176, 184 and 187), Poland (Conventions Nos 167, 184 and 187), Switzerland
(Conventions Nos 167, 176, 184 and 187), the former Yugoslav Republic of Macedonia
(Conventions Nos 167, 176 and 184), United States (Conventions Nos 167, 184 and 187)
and Bolivarian Republic of Venezuela (Conventions Nos 167, 176, 184 and 187).
Legislative obstacles
507. Several governments indicated that the ratification of certain Conventions is not
foreseen as they consider aspects of their legislation not to be in conformity with the
provisions of the instrument. The Governments of Cameroon, Japan 8 and Seychelles
referred to inconsistency between ILO Conventions and national legislation generally as
an obstacle. The Government of Switzerland reported that the dual nature of its system for
the protection of workers precludes ratification. The Government of Singapore reported
that it is necessary to ensure full compliance with the text and the spirit of each Convention
before ratification. 9
508. With respect to Convention No. 167, the Governments of Austria, Bosnia and
Herzegovina, Cyprus, Greece, Pakistan, Republic of Korea and Spain reported legislative
differences that will impede ratification. For example, the Republic of Korea identified the
fact that the national legislation does not include provisions on the safety and health of the
general public in the vicinity of a construction site as an obstacle to ratification. The
Government of Pakistan indicated that it would require specific legislation covering
construction sector workers.
509. Concerning Convention No. 176, the Governments of Denmark and Switzerland
identified certain legislative difficulties. The Government of Denmark indicated that the
national legislation does not contain provisions concerning certain aspects of the
Convention relating to underground work (list of persons underground and ventilation in
underground facilities), as the country does not have any underground mining. The
Government of Switzerland indicated that Swiss legislation does not correspond to certain
of the detailed prescriptions contained in the Convention, and that the Convention confers
on workers a broader right to be consulted than that contained in national legislation, in
addition to touching on several issues that are under cantonal competence.
510. With respect to Convention No. 184, the Governments of Barbados, Cyprus,
Denmark, Greece, Republic of Korea, Mexico, Spain and Switzerland identified certain
provisions of the national legislation that are not in complete conformity with the
Convention as obstacles to ratification. For example, the Government of Cyprus indicated
that certain legal provisions are not in conformity with the provisions of the Convention
regarding the safe use of chemicals, machinery and work equipment, and the Government
of Greece reported that the national legislation does not prescribe minimum
accommodation standards for workers who are required to live temporarily or permanently
in the undertaking.
8 Japan ratified Convention No. 187 in 2007.
9 Singapore ratified Convention No. 187 in 2012.
Achieving the potential of the instruments
ILC.106/III/1B 173
511. With respect to Convention No. 187, the Government of Greece reported that
Convention No. 187 applies to all sectors, but that there is a specific regime in the national
legislation governing maritime transport. The Government of Switzerland indicated that it
has no intention of centralizing its OSH system to align it with Convention No. 187. The
Government of Mexico reported that it cannot take into account the principles contained
in non-ratified ILO Conventions relevant to the promotional framework for OSH. The
Government of Pakistan reported deficiencies in national legislation, and indicated that
once the legislative and institutional framework is in place it could take further steps to
ratify Convention No. 187. To this end, it has decided to prepare a report analysing its
national legislation and trends. The Government of Trinidad and Tobago reported that
national legislation requires review and amendment in order to consider the ratification of
Convention No. 187. The Government of Barbados indicated that the absence of a national
profile and a national programme, to be developed in consultation with employers’ and
workers’ organizations, impedes ratification of Convention No. 187.
Practical difficulties impeding ratification
512. A number of governments identified practical difficulties impeding the ratification
of the instruments. The Governments of China, 10 Cyprus 11 and Togo 12 indicated that
coordination between government authorities working on various OSH issues will need to
be strengthened prior to ratification. The Governments of Mali and Namibia referred to
the lack of a national OSH policy as a barrier to ratification. The Government of Greece
reported that, with respect to Convention No. 187, the establishment of a mechanism for
the collection and analysis of data on occupational injuries and diseases would be difficult
at present, as would the provision of support mechanisms for the progressive improvement
of OSH conditions in the informal economy. The Government of India reported that it
would need to set up a national tripartite advisory body to be in accordance with
Convention No. 187.
513. Certain governments underlined that ratification is not currently feasible due to a
lack of capacity. The Government of Cambodia reported that a lack of knowledge and
understanding by government officials related to OSH needs in specific industries, namely
mining, constitutes an obstacle impeding ratification. The Government of Estonia
indicated that the Ministry of Social Affairs has limited capacity for the ratification of ILO
Conventions and subsequent periodic reporting.
514. Other governments identified a lack of financial and human resources as a barrier to
ratification, including the Governments of Colombia 13 and Honduras, as well as the
Government of Cyprus, which indicated that additional resources would need to be
allocated to the Department of Labour Inspection for construction, mining and agriculture.
The Government of Mali referred to the low level of economic development in general,
particularly in the sectors concerned, as being an obstacle to ratification.
10 China ratified Convention No. 167 in 2002.
11 Cyprus ratified Convention No. 187 in 2009.
12 Togo ratified Convention No. 187 in 2012.
13 Colombia ratified Convention No. 167 in 1994.
Working together to promote a safe and healthy working environment
174 ILC.106/III/1B
States parties to Convention No. 62
515. The Committee takes due note of the Governing Body decision, pursuant to the
recommendation of the Standards Review Mechanism’s 14 Tripartite Working Group
requesting the Office to follow-up with the member States currently bound by Convention
No. 62 and encouraging them to ratify Convention No. 167, which would result in the
automatic denunciation of Convention No. 62. 15 It notes that out of the 20 member States
bound by Convention No. 62, a number of them provided specific information concerning
the possibility of ratifying Convention No. 167. The Government of Greece indicated that,
while the national legislation gives effect to Convention No. 167 in general, there are no
legislative provisions related to work in compressed air, although regulations related to
underground engineering work could be considered as partially meeting this requirement.
The Government also indicated that national legislation does not require the establishment
of health and safety committees, as recommended by Recommendation No. 175. The
Government of the Netherlands indicated that its intention was to focus on the
implementation of ratified OSH Conventions, and that ratification of the sectoral
Conventions was not envisioned, as those sectors were covered by general working
conditions legislation. The Government of Spain indicated that national legislation, in line
with the Council Directive 92/57/EEC of 24 June 1992 on the implementation of minimum
safety and health requirements at temporary or mobile construction sites, offers stronger
occupational safety and health protection than Convention No. 167, and that its obstacles
to ratification are related to a mismatch between the scope of application of the Convention
and national legislation. The Government of Switzerland referred to a report from 1989
examining Convention No. 167, in which it indicated that although most of the
requirements of the Convention were met, ratification was not recommended, as it was not
possible to apply the provisions of the Convention to self-employed persons, as such
workers were not covered by legislation concerning the prevention of accidents.
516. In addition, certain States party to Convention No. 62 provided general information
on prospects for ratification. The Government of Bulgaria indicated that most of the
requirements of the Conventions covered in the General Survey have been met. The
Government of Egypt indicated that there were no obstacles to ratification and that it is
constantly developing legislation in the light of international labour standards. The
Government of Honduras indicated that the country does not have the necessary economic
situation or political structure, but that the new public investment plans could generate the
necessary enabling environment for ratification. The Government of Poland indicated that
it did not intend, at this time, to ratify any of the Conventions covered by the General
Survey. The Government of Suriname indicated that an assessment had to be made in
14 In 2011, the Governing Body decided that a Standards Review Mechanism should be established, and in March
2015, it decided to establish under the Standards Review Mechanism a Tripartite Working Group (TWG). The
SRM TWG is mandated to contribute to the overall objective of the SRM to ensure that the ILO has a clear, robust
and up-to-date body of international labour standards that respond to the changing patterns of the world of work,
for the purpose of the protection of workers and taking into account the needs of sustainable enterprises. The first
and second meetings of the SRM TWG took place in February and October 2016 (ILO: Record of decisions,
Governing Body, 312th Session, Geneva, Nov. 2011, dec-GB.312/LILS/5; ILO: The standards initiative: Terms of
reference of the Standards Review Mechanism Tripartite Working Group, Governing Body, 325th Session, Geneva,
Oct.–Nov. 2015; GB.325/LILS/3, Appendix, paras 8–13; ILO: The standards initiative: Report of the first meeting
of the Standards Review Mechanism Tripartite Working Group, Governing Body, 326th Session, Geneva, Mar.
2016, GB.326/LILS/3/2).
15 ILO: Decisions on the second item on the agenda – The Standards Initiative – Report of the second meeting of
the Standards Review Mechanism Tripartite Working Group, Governing Body, 328th Session, October–November
2016 (dec-GB.328/LILS/2/1).
Achieving the potential of the instruments
ILC.106/III/1B 175
order to identify obstacles, if any, to ratifying these standards. The Government of Tunisia
indicated that the principles of the Convention are enshrined in national practice.
States parties to Convention No. 45
517. The Committee also notes that the SRM TWG will be examining Convention No. 45
at a date to be determined. 16 Noting that, pursuant to the recommendation of the Working
Party on Policy regarding the Revision of Standards (Cartier Working Party), the
Governing Body decided to invite State parties to Convention No. 45 to contemplate
ratifying Convention No. 176 and possibly denouncing Convention No. 45, 17 the
Committee notes that out of the 70 member States in which Convention No. 45 is in force,
nine of them have ratified Convention No. 176. 18 Concerning states parties to Convention
No. 45 that have not ratified Convention No. 176, certain governments provided specific
information related to the ratification of the latter. 19 The Government of Argentina
indicated that it was working on the ratification of the Convention, while the Government
of Montenegro said that it was considering ratification. The Governments of Greece and
India indicated that the national legislation concerning mining was in general conformity
with the Convention. In terms of obstacles identified, the Government of Cyprus
highlighted additional resources would need to be allocated to the inspectorate to target
mining undertakings and effectively enforce the Convention, and that certain issues
covered by the Convention were under other authorities. The Government of Switzerland
referred to a report from 1998 in which it indicated that national legislation did not
completely correspond to the detailed prescriptions of the Convention, and that certain
issues covered by the Convention fell under cantonal competence.
Certain misconceptions about the requirements of the instruments
518. The Committee notes certain misconceptions about the requirements of the
instruments which, in some cases, have led governments to indicate that they are unable
to ratify the Conventions.
16 ILO: The Standards Initiative: Report of the first meeting of the Standards Review Mechanism Tripartite Working
Group: Report of the Officers, in accordance with paragraph 17 of the terms of reference of the Standards Review
Mechanism Tripartite Working Group, Governing Body, 326th Session, Mar. 2016, GB.326/LILS/3/2.
17 ILO: Working Party on Policy regarding the Revision of Standards – Follow-up to the recommendation of the
Working Party, Governing Body, 283rd Session, Geneva, 2002, GB.283/LILS/WP/PRS/1/2.
18 Bosnia and Herzegovina, Brazil, Lebanon, Morocco, Portugal, Russian Federation, South Africa, Turkey and
Ukraine.
19 Certain such governments also provided general information, relating to all of the Conventions covered by the
General Survey. The following governments indicated that ratification was under consideration: Croatia and
Ecuador. The following governments identified no obstacles to ratification: Cuba, Dominican Republic, Egypt, and
United Republic of Tanzania. The following governments indicated that the national legislation was in general
conformity with the Conventions: Belarus, Bolivarian Republic of Venezuela, Bulgaria and Costa Rica. The
following governments indicated that ratification was not considered at this time: Belarus, Bolivarian Republic of
Venezuela, Costa Rica, Panama, and the former Yugoslav Republic of Macedonia.
Working together to promote a safe and healthy working environment
176 ILC.106/III/1B
519. Two governments 20 reported difficulties with respect to the ratification of
Convention No. 187 as they have not yet ratified Convention No. 155. In this respect, the
Committee highlights that, while Conventions Nos 155 and 187 are complementary,
ratification of Convention No. 155 is by no means a prerequisite for the ratification of
Convention No. 187. Indeed, as a promotional framework with a focus on the progressive
development of a national system on OSH, Convention No. 187 has been viewed by many
countries as a good first step towards improving OSH. Moreover, as of July 2016, more
than one third of the countries that had ratified Convention No. 187 had done so without
having ratified Convention No. 155. 21
520. Three governments 22 reported that they could not ratify Convention No. 167, and
two 23 that they could not ratify Convention No. 184 because the national legislation does
not cover self-employed workers. In this connection, the Committee emphasizes that
Convention No. 167 applies to such self-employed persons as may be specified by
national laws or regulations, meaning that the coverage of such workers is subject to
determination at the national level. With respect to agriculture, Convention No. 184
does not require coverage of self-employed workers, and Recommendation No. 192,
which is a non-binding instrument, provides that member States should make plans to
progressively extend the protection of the Convention to self-employed farmers, as
appropriate, taking into consideration the views of representative organizations of such
farmers.
521. Moreover, with respect to Convention No. 184, certain countries referred to the
minimum age for admission to hazardous work in agriculture as an obstacle. 24 For
example, one government reported that it could not ratify Convention No. 184 as the
minimum age in the country is 15 years, while Convention No. 184 requires a minimum
20 Greece and Mali.
21 15 countries have ratified Convention No. 187 and not Convention No. 155.
22 Austria, Republic of Korea and Switzerland.
23 Austria and Greece.
24 Denmark and Mexico: Both countries have ratified Conventions Nos 138 and 182. The IOE also indicated that it
believed that the Convention limited all agricultural labour for children under 18.
Box 6 Clarifications on the requirements of the instruments
based on certain misconceptions reported
■ Ratification of Convention No. 155 is not a prerequisite for the ratification of
Convention No. 187.
■ Convention No. 167 applies to such self-employed persons as may be specified
by national laws or regulations.
■ Convention No. 184 does not require coverage of self-employed workers, while
its accompanying Recommendation No. 192 provides that member States should make plans to extend progressively to self-employed farmers the protection afforded by the Convention, as appropriate, taking into consideration the views of representative organizations of self-employed farmers.
■ Convention No. 184 does not establish a general minimum age for admission to
work and its provisions are consistent with Conventions Nos 138 and 182.
Achieving the potential of the instruments
ILC.106/III/1B 177
age of 16 years. 25 In this respect, the Committee clarifies that Convention No. 184 does
not establish a general minimum age for admission to work. The minimum age of
16 years specified in Article 16(3) of Convention No. 184 refers only to the minimum age
for hazardous work, and is not a general minimum age. Like Conventions Nos 138 and
182, Convention No. 184 prohibits children under 18 from performing work which by its
nature or the circumstances in which it is carried out is likely to harm their safety and
health, and like Convention No. 138, it allows a limited exception for the performance of
certain types of potentially hazardous forms of work by children from the age of 16 on
condition that appropriate prior training is given and the safety and health of the young
workers is fully protected. The provisions of Convention No. 184 are therefore consistent
with the provisions of Conventions Nos 138 and 182 on hazardous work, and countries
that have ratified one of those Conventions, and included hazardous work in agriculture
on the list of types of work prohibited for children under 18 (or under 16 under certain
conditions), would be in conformity with the Convention.
522. In addition, with respect to working time arrangements, the Committee highlights
that Convention No. 184 does not prescribe specific requirements, providing only that
hours of work, night work and rest periods for workers in agriculture shall be in
accordance with national laws and regulations or collective agreements. 26
523. Some governments reported that their national law or practice is not in conformity
with the provisions of certain accompanying Recommendations, and that this constitutes
an obstacle to ratification. 27 In this connection, the Committee recalls that, while a
Recommendation contains useful guidance on the implementation of a Convention, it is
not binding and its provisions should not therefore constitute a barrier to the ratification
of a particular Convention.
* * *
524. In light of certain replies received, the Committee stresses that the important
obligation for countries that have ratified Convention No. 187 to engage in tripartite
dialogue, at regular intervals, to examine measures that could be taken towards
ratification of relevant OSH Conventions, 28 should not be construed as an obligation to
ratify any OSH Convention on which countries have engaged in such dialogue.
525. At the same time, the Committee takes due note of the fact that over 30 countries
indicated that they are considering ratification, or taking steps towards ratification, of
at least one of the Conventions examined in this Survey, including ten countries with
respect to Convention No. 187.
526. The Committee trusts that governments will make full use of the important OSH
framework established in ILO instruments for the promotion of the continuous
improvement of OSH. It invites governments to engage in tripartite dialogue in this
regard, and to take advantage of ILO technical assistance for the implementation of the
important principles contained in these Conventions.
25 Denmark.
26 Article 20 of Convention No. 184.
27 For example, Greece (Recommendation No. 175).
28 Article 2(3) of Convention No. 187.
Working together to promote a safe and healthy working environment
178 ILC.106/III/1B
2. Proposals for ILO action
527. A number of governments and employers’ and workers’ organizations provided
comments concerning possible standards-related action, as well as policy support and
development cooperation that the ILO could provide to member States and constituents to
improve the implementation of Conventions Nos 167, 176, 184 and 187.
Technical cooperation and
technical assistance needs
Comments from governments
528. The Committee notes that a significant number of countries reported receiving policy
support and development cooperation in the area of OSH. The Governments of Albania,
Chile, Costa Rica, Mexico, Morocco, Seychelles, Senegal and Sudan reported receiving
support in the development of their national policy on occupational safety and health, and
the Governments of Costa Rica, Namibia, Seychelles and Senegal indicated that they have
received assistance in the development of a national OSH profile, as recommended by
Recommendation No. 197.
529. Moreover, with respect to support for the revision of legislation relating to OSH, the
Governments of Georgia, Iraq, Seychelles and Saint Vincent and the Grenadines indicated
that ILO assistance has been provided, and the Government of El Salvador reported
technical assistance received for the development of OSH guidelines. The Governments
of Mauritius, Panama and Uganda reported that government staff have participated in
training at the ILO International Training Centre in Turin (ITC–ILO), while the
Governments of Kazakhstan, Uruguay and Uzbekistan reported collaboration with the ILO
on awareness-raising measures on OSH. The Governments of Georgia, Pakistan, Panama,
Paraguay, Peru, Spain and Sudan indicated that support has been provided for the
strengthening of labour inspection, and the Governments of Egypt and Pakistan reported
on technical support received to strengthen the capacity of the tripartite partners on OSH
issues. The Government of the Philippines provided information on the implementation
of an ILO project on safe and healthy youth and the Government of Indonesia indicated
that the ILO has provided technical assistance related to OSH standards in statistical data
collection and training. The Governments of Argentina, Panama and Viet Nam indicated
that technical assistance has been provided on occupational safety and health in
construction, while the Governments of Cuba and Zimbabwe reported receiving assistance
relating to OSH in agriculture.
530. Concerning possibilities for future assistance, certain governments requested ILO
technical support in considering the ratification of certain of the Conventions examined in
the Survey, as well as Convention No. 155. The Government of Mali requested technical
assistance for the ratification of Conventions Nos 176 and 187, including support for
ongoing initiatives to review legislation and develop national OSH capacities. The
Government of Namibia indicated that it would welcome ILO technical support to
gradually achieve the ratification of Conventions Nos 155 and 187, which have been
identified as priorities, including for the ongoing drafting of the national OSH policy and
programme. The Government of the Republic of Moldova, which has ratified Conventions
Nos 184 and 187, indicated that further support is necessary for the ratification of other
Conventions and their subsequent transposition into national legislation and
implementation. The Government of Pakistan indicated that ILO support could be
Achieving the potential of the instruments
ILC.106/III/1B 179
provided to further develop the legislative and institutional framework with a view to
ratifying Conventions Nos 155 and 187.
531. A number of countries indicated that they would appreciate receiving technical
assistance in relation to the requirements of the instruments. In particular, several
governments indicated that they would like to receive support for the development or
review of OSH legislation, including the Governments of Bosnia and Herzegovina, China,
Ecuador, El Salvador (including for evaluating the impact of the OSH legislation adopted
in 2012), Georgia, Kenya (particularly to review the regulations in the construction sector
and develop regulations in the mining and agricultural sectors), Mali (including the
development of regulations on OSH in mining and agriculture), Mauritius, Pakistan,
Senegal, Sudan, Suriname, Uganda, United Republic of Tanzania and Zimbabwe. The
Government of Cameroon indicated that it has requested ILO support, in the framework
of development cooperation, to give effect to the Conventions examined. The
Governments of Costa Rica, El Salvador, Nicaragua, Pakistan, Panama, Sudan, Togo,
Uganda and the United Republic of Tanzania, identified the need for ILO support for the
development of an OSH policy, and the Governments of Costa Rica, Nicaragua and Sudan
also referred to support for the development of a national programme.
532. Several governments reported that further capacity building for government officials
on OSH issues would be useful, including the Governments of Cameroon, Cambodia,
Guatemala, Republic of Moldova, Peru, Seychelles, Sudan (in the areas of construction,
mining and agriculture), Togo, Trinidad and Tobago and the United Republic of Tanzania.
A number of governments also indicated that assistance would be appreciated with the
training of labour inspectors on OSH, including the Governments of Burkina Faso
(particularly in the mining sector), China, Ethiopia, Mali, Nicaragua, Oman, Peru, Qatar,
Uganda and United Republic of Tanzania.
533. The Governments of Bangladesh, Pakistan and the United Republic of Tanzania
reported that capacity building for the social partners on OSH issues would be useful, and
the Government of Sri Lanka indicated that technical assistance would be necessary to
train OSH officers in enterprises with more than 100 workers and to establish safety
committees in those enterprises in the construction, mining and agricultural sectors. The
Government of Guatemala indicated that in the future, technical assistance could be
provided by the ILO for the National OSH Council.
534. Some governments reported a need for support to raise public awareness on OSH
issues, particularly the Governments of Cambodia and Qatar, while the Government of
Georgia indicated that support would be helpful to raise awareness among employers. The
Government of China indicated that guidance and assistance by the ILO should be
strengthened to promote the ratification and implementation of the Conventions, and the
Government of Ethiopia indicated that awareness raising on international labour standards
on OSH should be strengthened. The Governments of Mexico and Uzbekistan indicated
that continued and further ILO assistance on OSH would be helpful. The Governments of
South Africa and Viet Nam considered that support for further research on OSH issues
would be useful.
535. The Governments of the former Yugoslav Republic of Macedonia, Peru, Philippines
and Qatar identified that the ILO could provide assistance concerning good practices with
respect to OSH. The Government of Peru indicated in this respect that the ILO could
support collaboration with other countries for the implementation of programmes for the
sharing best practices in labour inspection on OSH.
536. Certain governments provided suggestions for future ILO publications. The
Government of Bahrain indicated that the ILO could develop a code of practice on
Working together to promote a safe and healthy working environment
180 ILC.106/III/1B
psychosocial hazards and their impact on the safety and health of workers. The
Government of the Netherlands indicated that publications should be produced on good
practices, and further non-binding guidelines developed for use by the social partners and
companies to contribute to the implementation of practical solutions.
537. The Governments of Guatemala, Iraq, Mali and Seychelles referred to the need for
support to strengthen the system for the reporting of accidents, data collection and the
analysis of information on occupational accidents and diseases. The Governments of
Nicaragua and Uganda indicated that assistance for the development of OSH management
systems would be helpful.
538. Certain governments identified technical assistance needs concerning specific
sectors. With reference to construction, the Government of Peru indicated that technical
assistance could be provided for the training of OSH specialists in the construction sector.
In relation to the mining sector, the Government of the Philippines requested assistance to
undertake a gap analysis of national legislation in relation to Convention No. 176, to build
the capacity of the mines and geosciences bureau on OSH and to facilitate field visits to
other countries to learn about best practices. The Government of Zimbabwe indicated that
support could be provided for the implementation of programmes to promote the
eradication of silicosis and tuberculosis in mines. With respect to agriculture, the
Government of Pakistan reported that further support would be helpful in relation to OSH
in the sector, including awareness raising and measures to address occupational accidents.
Observations from employers’ organizations
539. Certain employers’ organizations also identified technical assistance needs or
suggestions for ILO action. The Sudanese Businessmen and Employers Federation (SBEF)
indicated that it would be important to foster a deeper understanding of OSH requirements
in various sectors, and made several recommendations for possible technical assistance,
including the publication of practical guides in Arabic on occupational safety and health,
the formulation of training programmes, the holding of workshops to build capacity with
ILO experts and the development and publication of guides for employers’ and workers’
organizations. The Chamber of Production and Industry (CPC) stressed that the
Government of Chile could benefit from technical assistance with respect to the
establishment of a national OSH profile, in collaboration with the social partners. In this
regard, the CPC suggested that Government should collaborate with the ILO with a view
to strengthening the tripartite fora on OSH. The Confederation of Employers of the
Mexican Republic (COPARMEX) requested ILO support for capacity building of
COPARMEX staff members in charge of OSH, particularly with respect to the exchange
of best practices. The National Confederation of Industry (CNI) of Brazil indicated that it
had benefited from support with respect to training, seminars and workshops, which
contributed to its capacity building and knowledge of best practices from other countries.
Observations from workers’ organizations
540. Certain workers’ organizations made proposals for the strengthening of the technical
assistance provided by the ILO. The Argentine Building Workers Union (UOCRA) and
the General Confederation of Labour of the Argentine Republic (CGT RA), the National
Confederation of United Independent Unions (CONUSI) of Panama, three unions from
the Dominican Republic (the Autonomous Confederation of Workers’ Unions (CASC),
the National Confederation of Dominican Workers (CNTD) and the National
Confederation of Trade Union Unity (CNUS)), the Trade Union Confederation of Workers’
Commissions (CCOO) of Spain, and the National Union of Miners, Metalworkers and
Allied Workers of the Republic of Mexico (SNTMMSSRM) of Mexico called on the ILO
Achieving the potential of the instruments
ILC.106/III/1B 181
to redouble its efforts to foster the impact of the supervisory system and provide technical
assistance to member States.
541. The Confederation of Gabonese Free Trade Unions (CGSL) indicated that there is a
need for ILO assistance for capacity building and policy development, including the
elaboration and implementation of a national policy on OSH. In their joint observations,
the Building and Wood Workers’ International (BWI) and the Construction and Building
Materials Industry Workers’ Union of Ukraine (CBMI) indicated that cooperation
between the ILO and the Ministry of Social Policy should continue, pursuant to ongoing
projects, and that further assistance could be provided to the Government of Ukraine
through workshops and trainings. Moreover, the ILO could publish an OSH manual
focusing on Eastern European countries and the sharing of best practices. The Single
Confederation of Workers (CUT) of Colombia suggested that policy and technical support
could be provided on OSH issues.
* * *
542. The Committee recalls that Recommendation No. 197 outlines the role of the ILO in
the field of OSH, indicating that the Organization should facilitate international
development cooperation. This cooperation should strengthen the capacity of member
States to establish and maintain a national preventative safety and health culture and
promote a management systems approach to OSH. The ILO should also facilitate the
exchange of information on national policies, systems and programmes, including on good
practices and innovative approaches, and on the identification of new and emerging
hazards and risks in the workplace.
543. In this respect, the Committee notes the launching in 2016 of five flagship
programmes for development cooperation, including the Occupational Safety and Health
Global Action for Prevention (OSH GAP) programme. The OSH GAP aims to improve
the health and safety of workers by fostering a global culture of prevention, particularly
with respect to SMEs, with a focus on the construction and agriculture sectors. 29 With
respect to facilitating the exchange of information on national policies, systems and
programmes, in 2014 the ILO launched a global database on occupational safety and health
legislation (LEGOSH), which collects, analyses, describes and shares essential knowledge
on OSH legislation in over 120 countries. 30
544. The Committee welcomes the requests for policy support and technical assistance
from governments, employers’ organizations and workers’ organizations as important
steps towards the ratification and full implementation of Conventions Nos 167, 176, 184
and 187. These numerous requests attest to the importance attached to OSH by
governments and the social partners, and the will and desire of constituents to make
progress in this respect. The Committee hopes that the Office will rapidly provide the
assistance requested, taking due note of the significant policy support and technical
assistance that countries have reported receiving, and bearing in mind the important
guidance contained in Recommendation No. 197.
Proposals for standards-related action
545. Certain governments and social partners indicated possible standards-related action
that could be undertaken by the ILO and its members, including the possibility of
29 ILO: The ILO’s global flagship programmes, Governing Body, 325th Session, Oct.–Nov. 2015 (GB.325/POL/7).
30 ILO: Global Database on Occupational Safety and Health Legislation. See
http://www.ilo.org/dyn/legosh/en/f?p=14100:1000:0::NO [last accessed 17 Jan. 2017].
Working together to promote a safe and healthy working environment
182 ILC.106/III/1B
consolidating existing OSH standards, the importance of the Standards Review
Mechanism (SRM) and its Tripartite Working Group, and the need to address new and
emerging developments in this area.
Comments from governments
546. With reference to the consolidation of existing standards, the Government of
Sri Lanka emphasized that many ILO instruments have been adopted on OSH, and that a
large number of standards could negatively impact progress with respect to ratification
and implementation. It therefore considered that the preparation of a comprehensive OSH
standard, taking into consideration all the relevant and important provisions of existing
standards, with some flexibility, would be more appropriate, similarly to what has been
done in the maritime sector. The Government of Panama underlined the necessity, and
opportunity, of consolidating ILO standards on OSH, similarly to what has been done with
the Maritime Labour Convention, 2006. The Governments of Lithuania and Nicaragua
added that a consolidated instrument on all OSH issues would be valuable, and the
Government of the United Republic of Tanzania indicated that a comprehensive
instrument on OSH should be considered.
547. The Government of Greece indicated that its implementation of the OSH framework
could be facilitated by the consolidation of standards on the protection of workers in all
sectors, while the Government of Netherlands observed that, although it would prefer the
development of non-binding guidelines, the consolidation of the OSH instruments would
be the next best option. The Government of Chile indicated that, given the dynamic nature
of OSH, the ILO should have the capacity to respond and adapt to new and emerging forms
of work, and that this could include the consolidation of existing standards. The
Government of Poland indicated that any possible standard-setting activity, and in
particular the consolidation of standards in the area of OSH, should be preceded by
detailed analyses in order to avoid the adoption of instruments that member States would
not be able to ratify and implement due to their broad scope or detailed provisions. The
Government of New Zealand noted that, in general, the review of outdated instruments
and the consolidation of similar instruments could be useful in improving clarity,
relevance and the likelihood of ratification.
548. With respect to the SRM, the Government of Australia welcomed the SRM process
and considered that it could lead to the consolidation of some related OSH standards, if
the SRM Tripartite Working Group (SRM TWG) decided that this was appropriate. The
Government of the Netherlands called for the modernization of ILO instruments, taking
advantage of the SRM exercise, in particular with regard to out-of-date Conventions. It
expressed the view that ILO Conventions should be adapted to changing situations, and
should not contain excessively detailed provisions to allow for adaptation to national needs
and situations. Rather than increasing the number of Conventions, non-binding guidance
should be developed.
549. With respect to the status of the Conventions examined, the Government of Morocco
called for Convention No. 187 to be considered a fundamental Convention.
550. Certain governments considered that ILO standards-related action should address
new and emerging developments in the field of OSH. The Government of Philippines
indicated that the ILO should consider the impact of new production modes and work
processes, as well as technological innovations, in the scope of an OSH standard. The
Government of Chile indicated that, given the dynamic nature of OSH, the ILO should
have the capacity to respond and adapt to new and emerging forms of work, and that this
could include new standard-setting activities. The Governments of Belgium and Bahrain
Achieving the potential of the instruments
ILC.106/III/1B 183
called for further attention to be paid to psychosocial risks, and the Government of
Belgium highlighted in particular the possibility of increased stress and fatigue linked to
the proliferation of information technology and its intrusion into the private lives of
workers.
551. Lastly, the Government of Mexico indicated that ILO instruments adequately cover
OSH issues and that no standards-related action is necessary. The Government of Estonia
indicated that there is no need to revise existing instruments or adopt new ones.
Observations from employers’ organizations
552. The IOE indicated that, with a view to achieving more impact, it would be desirable
to consider possibilities to simplify, update and consolidate existing OSH instruments. In
doing so, a global perspective should be applied, taking into account all existing OSH
Conventions and Recommendations, rather than a piecemeal approach considering
individual instruments. A possible future architecture of OSH instruments could consist
of one high-impact ILO framework Convention on OSH, to which annexes could be added
on OSH in particular high-risk sectors or on specific OSH issues. Such annexes should be
strictly confined to the universally relevant specificities of the respective sectors/issues,
while the framework Convention would deal with the basics of OSH. The annexes would
be individually ratifiable by member States that have ratified the Convention, and would
be subject to an accelerated revision procedure to enable swift updating. If need be, new
annexes could be added and obsolete ones could be removed, without affecting the
Convention. The IOE added that the framework Convention could be complemented by
Recommendations on OSH in high-risk sectors or on specific OSH issues, which would
provide guidance and could also be swiftly revised and updated. The IOE considered that
a more in-depth examination could take place later in the work of the SRM TWG.
553. The IOE also provided specific observations on each of the Conventions. With
respect to Convention No. 187, the IOE indicated that, on the basis of the information in
this General Survey on the specific reasons impeding ratification of the important and
innovative instrument, the ILO’s tripartite constituents would be in a position to decide on
the most appropriate standard-related action to be taken, including a review by the SRM
TWG. The IOE was of the opinion that a review by the TWG should not concern
Convention No. 187 and Recommendation No. 197 (and the instruments referred to in its
Annex) in isolation, but should ideally apply a holistic approach covering all ILO
instruments in the field of OSH to ensure the relevance, coherence and clarity of the ILO’s
body of standards in this important field. The observations provided by the International
Organisation of Employers (IOE) highlighted the number of flexibility clauses contained
in the Convention, 31 which allow ratifying States a significant level of discretion in its
implementation and make it possible for national measures to be tailored to specific needs.
The IOE added that the Convention had enjoyed tripartite support at the time of its
adoption and could reinforce the elaboration of appropriate national-level responses.
554. With respect to Convention No. 167, the IOE stated that, in light of the considerable
technological advances since the adoption of the Convention, which also impacted the way
OSH is managed in the construction industry, member States and the social partners might
wish to review whether its provisions are appropriate and up to date.
555. With reference to Convention No. 176, the IOE recalled that the Convention is
considered to be up to date, but that it has not yet been reviewed by the ILC or the
Governing Body with regard to its ongoing relevance to today’s mining industry.
31 The IOE highlighted in this respect Articles 2(3), 3(3) and 4(2) and (3) of Convention No. 187.
Working together to promote a safe and healthy working environment
184 ILC.106/III/1B
Accordingly, bearing in mind the new realities of the mining industry, member States and
the social partners might wish to review the extent to which the Convention, and
Recommendation No. 183, are still appropriate and relevant.
556. In relation to Convention No. 184, the IOE observed that the Convention is not
designed for all kinds of agricultural economic units, and that the full implementation of
the Convention could seriously affect the competitiveness and viability of medium, small
and family farms. The IOE also highlighted that the Convention does not recognize that
agriculture is driven by the weather, and that the concept of working time arrangements is
injurious to production in agriculture because hours of work are dictated by weather
conditions and seasons, which means that a systematic control of hours of work is not
always viable. These problems, as well as the inclusion of such issues as ergonomics, the
special treatment of women workers and compulsory insurance, undermine the fragile
economics of agriculture. The IOE indicated that, in light of these issues, the low
ratification rate of the Convention and the time that had passed since its adoption, without
a thorough review of its relevance by the ILO, member States and the social partners might
wish to consider whether the detailed provisions of Convention No. 184 and
Recommendation No. 192 are appropriate and relevant to the realities of the agricultural
sector. The IOE stated that the SRM appears to be an appropriate forum for such a review.
557. The IOE further suggested that a possible measure to generate more and relevant
information concerning the application of Conventions Nos 167, 176, 184 and 187 in law
and practice could be to follow a global and thematic approach in the supervision of OSH
standards, placing more emphasis in simplifying and consolidating the report forms used
for regular supervision, for example by the subjects covered by international labour
standards. It encouraged the Governing Body to look into and discuss this possibility
without further delay.
558. In addition, the Confederation of Finnish Industries (EK) and the Confederation of
German Employers’ Associations (BDA) indicated that there is no need for additional
standards.
Observations from workers’ organizations
559. A number of workers’ organizations indicated that they are opposed to the
consolidation of the ILO’s OSH instruments. The Argentine Building Workers
Union (UOCRA) and the General Confederation of Labour of the Argentine Republic
(CGT RA), the National Confederation of United Independent Unions (CONUSI) of
Panama, three unions from the Dominican Republic (the Autonomous Confederation of
Workers’ Unions (CASC), the National Confederation of Dominican Workers (CNTD)
and the National Confederation of Trade Union Unity (CNUS)), the Trade Union
Confederation of Workers’ Commissions (CCOO) of Spain and the National Union of
Miners, Metalworkers and Allied Workers of the Republic of Mexico (SNTMMSSRM),
highlighted that ILO standards on safety and health at work have supported workers in
promoting improvements in law and practice at the national level. These organizations
underlined that, while these standards often contain very specific provisions, they also
provide considerable flexibility, making it possible to take into account national
circumstances. A consolidation of the standards is not advisable, as it could result in more
abstract and diluted provisions, making it difficult to provide the same level of protection
for workers. The CASC, CNTD and CNUS of the Dominican Republic, and the CCOO of
Spain also proposed a ratification campaign for the OSH instruments in construction,
mining and agriculture.
Achieving the potential of the instruments
ILC.106/III/1B 185
560. A number of workers’ organizations also made proposals for OSH issues that could
be examined with a view to standard setting. The Argentine Building Workers Union
(UOCRA) proposed that the maximum weight for the manual transport of loads could be
the subject of future standards-related activity. The General Union of Workers (UGT) of
Spain indicated that a possible standard could be considered on subcontracting in different
sectors of economic activity. The union also proposed standards-related action addressing
psychosocial risks and occupational diseases. The Single Confederation of Workers (CUT)
of Colombia made several recommendations related to possible subjects for standard
setting, including instruments on OSH and teleworking, OSH for domestic workers, OSH
relating to work with new communication technologies, OSH for those performing work
involving nanotechnology, as well as instruments on OSH research.
* * *
561. The Committee notes the comments made by many governments and social
partners regarding possible future standards-related action, including the support and
opposition expressed in relation to the consolidation of the OSH instruments. In this
regard, it is mindful of the opportunity provided by the SRM Tripartite Working Group’s
future examination of the occupational safety and health instruments.
562. In particular, the Committee notes that Conventions Nos 167 and 176 are included
in the initial programme of work of the SRM TWG (set of instruments No. 6 on OSH)
and will accordingly be examined by the SRM TWG at a date to be determined. 32 At
that time, Conventions Nos 184 and 187 will be an important part of the broader body
of standards to be taken into account as the context for the TWG’s review. The
Committee hopes that the consideration of these instruments in the present General
Survey will provide a useful contribution to the future work of the SRM TWG.
563. Lastly, taking note of the suggestions concerning a possible standard on
psychosocial risks, the Committee is mindful, in particular, of the decision of the
Governing Body to place a standard-setting item on “Violence against women and men
in the world of work” on the agenda of the 107th Session (June 2018) of the
Conference. 33
32 ILO: The Standards Initiative: Report of the first meeting of the Standards Review Mechanism Tripartite Working
Group: Report of the Officers, in accordance with paragraph 17 of the terms of reference of the Standards Review
Mechanism Tripartite Working Group, Governing Body, 326th Session, Mar. 2016, GB.326/LILS/3/2.
33 ILO: Minutes of the 325th Session of the Governing Body of the International Labour Office, Governing Body,
325th Session, Geneva, Oct.–Nov. 2015, GB.325/PV.
ILC.106/III/1B 187
The way forward and concluding remarks:
Building on common commitments
Common commitments concerning OSH
564. The Committee observes a number of important common commitments shared by
the tripartite constituents on the topics covered by the present General Survey in relation
to Conventions Nos 167, 176 184 and 187 and Recommendations Nos 175, 183, 192 and
197.
565. Firstly, the Committee notes that the reports provided by member States and the
social partners illustrate an almost universal recognition of the importance of ensuring safe
and secure conditions at work, in general, and in the construction, mining and agriculture
sectors in particular. All member States reported measures taken in law or practice to
promote OSH and protect workers from occupational accidents and diseases, and many
reported on recent measures to reinvigorate and intensify efforts in this regard. While a
number of ratifications have been registered in recent years, the Committee notes that
many governments that have not ratified the relevant Conventions reported that their
legislation and practice reflect the spirit of the Conventions.
566. From this common commitment flows a broad recognition of the importance of the
OSH instruments concerned, and particularly, as emphasized by numerous reports,
Convention No. 187. Several workers’ organizations indicated that ratification of
Convention No. 187 by their country is desirable, the IOE described the Convention as
important and innovative, and a number of governments reported that they are currently
taking concrete steps towards ratification in light of its importance.
567. Nonetheless, many constituents have acknowledged that much more needs to be
done to address major challenges remaining. Numerous reports emphasized that work in
the construction, mining and agriculture sectors continues to be quite hazardous. Many
reports also highlighted the huge economic costs of inadequate occupational safety and
health at both the national and enterprise level, and the negative impact of poor OSH
conditions on productivity. An examination of ILO estimates on occupational accidents
and diseases reveals that, between 2002 and 2016, the number of work-related deaths has
not decreased. In the last 15 years, little measurable progress has been made to address the
fact that an estimated 2.3 million workers die every year from occupational accidents and
work-related diseases, in addition to the many millions of workers who suffer non-fatal
injuries and illnesses. 1 It therefore appears to be difficult to translate the commitment
1 Despite the acknowledged difficulties with global estimates (in light of under-reporting, a lack of globally
harmonized data collection systems and unreliable information from many developing countries), the available
information certainly does not suggest an improvement. A 2002 ILO report estimated that there were approximately
2 million work-related deaths annually, and that the number of estimated annual deaths among workers had clearly
increased since 1990, due to, inter alia, an increase in the number of cases of work-related cancer and circulatory
diseases. Since then, this figure has not declined, with the most recent figures indicating that globally, an estimated
2.3 million workers die every year from occupational accidents and work-related diseases. In addition, many
Working together to promote a safe and healthy working environment
188 ILC.106/III/1B
expressed into concrete OSH improvements. In this context, the Committee is mindful
that the objective of the instruments is to provide a framework for member States to
address the challenges of safety and health in the workplace and to achieve progressive
improvement in this respect. While the instruments could provide the blueprint, full
tripartite commitment is required for this progressive improvement to be achieved.
568. Moreover, the Committee notes the challenges identified by many countries
concerning OSH compliance. It recalls in this respect that enforcement efforts are fully
complementary to the preventative approach to OSH. Efforts should continue to be made
to enhance the capacity of the competent authorities, including labour inspectors and
other public officials, to implement and enforce the relevant OSH legislation.
569. The Committee recalls that social dialogue is at the heart of the eight instruments
examined in this General Survey and a central prerequisite for successful OSH action at
both the national and enterprise levels. Special importance is attributed to social dialogue
in the three sectoral Conventions in light of the specialized nature of these sectors and their
distinctive occupational safety and health risks. The social partners are best placed to
recognize OSH challenges and the causes of occupational accidents and diseases, and to
devise solutions to improve safety and health at the workplace that are adapted to the
specific situation in their countries. Recognizing the pivotal role of the social partners in
ensuring the progressive improvement of OSH, the Committee emphasizes that
employers’ organizations and workers’ organizations should be enabled to fulfil their
role pursuant to the instruments.
570. The Committee notes the repeated emphasis of constituents on the importance of
prevention, a foundational principle of the OSH instruments under examination. From the
prioritization of preventions flows the need for a dynamic approach to address new and
emerging OSH risks. Numerous reports highlighted the importance, and challenges of
addressing OSH risks in the context of rapidly changing workplaces. In this respect, the
Committee considers that the key OSH Conventions, Conventions Nos 155 and 187,
which place emphasis on progressive improvement and continuous review, provide a
flexible and useful tool to address emerging risks and proactively meet the OSH
challenges of a changing world of work.
571. Society as a whole has an important role to play in achieving progressive
improvements in OSH. The numerous initiatives currently being implemented to promote
OSH awareness around the world are testament to the fact that a national preventative
safety and health culture requires broad societal participation. In this respect, the
Committee emphasizes the importance of both public and workplace awareness raising
and education on OSH issues as a key component of the promotion of OSH.
Concluding remarks
572. The Committee welcomes the choice by the Governing Body of Conventions
Nos 167, 176, 184 and 187 and Recommendations Nos 175, 183, 192 and 197 as the
subject of a General Survey, which has allowed the Committee the opportunity to address
in detail OSH issues impacting hundreds of millions of workers around the world. The
Committee hopes that its first General Survey examining these instruments will contribute
to a greater understanding of their scope and potential, and clarify certain
misunderstandings about their contents. Moreover, the decision by the Governing Body
millions of workers suffer non-fatal injuries and illnesses. ILO: Decent Work – Safe Work (Geneva), Introductory
report to the XVIth World Congress on Safety and Health at Work, Vienna, 26–31 May 2002; and ILO: Safety and
health at work: A vision for sustainable prevention (Geneva, 2014).
The way forward and concluding remarks: Building on common commitments
ILC.106/III/1B 189
that the Survey should take into account the Committee’s conclusions of its previous
General Survey on occupational safety and health of 2009 concerning Convention No. 155
and its Protocol of 2002, as well as the related discussion and conclusions of the
Committee on the Application of Standards of the International Labour Conference, has
offered an opportunity to fully explore the complementarity of Conventions Nos 155 and
187. The Committee further acknowledges the high response rate to the detailed
questionnaire and encourages countries to continue to engage in this exercise.
573. The promotion of OSH and the prevention of accidents and diseases at work is a core
element of the ILO’s founding mission and of the Decent Work Agenda. Moreover, the
2030 Agenda for Sustainable Development shines a light on OSH, and ILO instruments
will be a key tool for countries wishing to make progress over the next 15 years towards
the achievement of SDG target 8.8 in promoting safe and secure working environments
for all workers. The collection, evaluation and dissemination of statistical data on OSH
will be indispensable for both measuring and achieving progress.
574. The Committee recognizes that the ILO is in the process of reinforcing its
development assistance and development cooperation capacities with respect to OSH
through the recent launching of the flagship programme Occupational Safety and Health
Global Action for Prevention (OSH GAP). Many governments reported on assistance that
has been received, and the numerous needs identified for future development cooperation
bear witness to the desire of constituents to improve OSH outcomes concretely. The
Committee encourages the Office to pursue its efforts to strengthen technical assistance
and cooperation activities on OSH. The Committee also recalls and emphasizes that
ratification of OSH Conventions can be accompanied by the provision of technical
assistance for supporting their full implementation.
575. With respect to Conventions Nos 167, 176 and 184, the Committee acknowledges
the low rates of ratification of these instruments and observes that challenges persist in the
implementation of certain of their provisions. Noting the ongoing OSH challenges in the
construction, mining and agricultural sectors, the Committee considers that the objectives
and principles of these instruments – prevention, protection and dialogue to achieve
progressive improvement – remain important today in addressing the difficulties in these
sectors. In the light of these principles, an economic crisis does not provide a valid reason
for the non-fulfilment of governments’ obligations under the Conventions or the lowering
of the level of protection already provided for in OSH legislation. Furthermore, the
promotion of a safe and secure working environment for all workers could foster foreign
investments and it is a condition for sustainable development.
576. With respect to Convention No. 187, the Committee recognizes the broad support
expressed for this instrument and its important potential, along with Convention No. 155,
in responding in a flexible and adapted manner to many of the current OSH challenges.
Nonetheless, the Committee appreciates that the full potential of Convention No. 187 may
not yet have been fully achieved, particularly in light of the widespread tripartite
endorsement that the Convention received upon its adoption a decade ago.
577. In terms of future standard setting, the Committee is mindful of a divergence of
opinion in relation to the desirability of consolidating the OSH standards. In this context,
the Committee hopes that this General Survey will provide a useful contribution to the
future examination by the Standards Review Mechanism Tripartite Working Group of
the OSH instruments included in its initial programme of work, which may be an
appropriate forum for the consideration of such matters as it undertakes its review to
ensure that the instruments are up to date and relevant to the world of work.
Working together to promote a safe and healthy working environment
190 ILC.106/III/1B
578. The Committee recalls that in its last General Survey on occupational safety and
health it called for the promotion of Convention No. 155, its Protocol of 2002 and
Convention No. 187. The Conference Committee on the Application of Standards, in its
discussion of that General Survey in 2009, subsequently called on the Office to develop a
strategy for the promotion and the effective implementation of these instruments.
579. The Committee also recalls that Convention No. 155, its Protocol of 2002 and
Convention No. 187 were identified by the Governing Body in 2010 as the key OSH
instruments, the promotion and implementation of which should be supported. This led to
the development and adoption by the Governing Body of a Plan of Action (2010–16) to
achieve the widespread ratification and effective implementation of these key OSH
instruments. The Committee notes that, as the implementation of the Plan of Action draws
to a close, an examination could be undertaken of the next steps needed with respect to
these instruments.
580. The Committee emphasizes the particular importance of occupational safety and
health measures in high risk sectors, which deserve increased attention. In addition,
given the ongoing OSH challenges globally, the Committee firmly believes that
Convention No. 187, with its focus on social dialogue, has great potential to contribute
to the effective promotion of occupational safety and health. It considers Convention
No. 155 and No. 187 to be fully complementary, together constituting an important
blueprint for progressive and sustained improvements towards the provision of safe and
secure working environments. The Committee looks forward to an examination by the
ILO’s tripartite constituents of the steps that could be taken to promote Conventions
Nos 155 and 187 and to enable these instruments to achieve their full potential.
ILC.106/III/1B 191
Appendix I
Texts of the examined instruments
Convention No. 187
Convention concerning the Promotional Framework for Occupational Safety and Health
The General Conference of the International Labour Organization,
Having been convened at Geneva by the Governing Body of the International Labour Office, and
having met in its Ninety-fifth Session on 31 May 2006,
Recognizing the global magnitude of occupational injuries, diseases and deaths, and the need for
further action to reduce them, and
Recalling that the protection of workers against sickness, disease and injury arising out of
employment is among the objectives of the International Labour Organization as set out in
its Constitution, and
Recognizing that occupational injuries, diseases and deaths have a negative effect on productivity
and on economic and social development, and
Noting paragraph III(g) of the Declaration of Philadelphia, which provides that the International
Labour Organization has the solemn obligation to further among the nations of the world
programmes which will achieve adequate protection for the life and health of workers in all
occupations, and
Mindful of the ILO Declaration on Fundamental Principles and Rights at Work and its Follow-Up,
1998, and
Noting the Occupational Safety and Health Convention, 1981 (No. 155), the Occupational Safety
and Health Recommendation, 1981 (No. 164), and other instruments of the International
Labour Organization relevant to the promotional framework for occupational safety and
health, and
Recalling that the promotion of occupational safety and health is part of the International Labour
Organization’s agenda of decent work for all, and
Recalling the Conclusions concerning ILO standards-related activities in the area of occupational
safety and health – a global strategy, adopted by the International Labour Conference at its
91st Session (2003), in particular relating to ensuring that priority be given to occupational
safety and health in national agendas, and
Stressing the importance of the continuous promotion of a national preventative safety and health
culture, and
Having decided upon the adoption of certain proposals with regard to occupational safety and
health, which is the fourth item on the agenda of the session, and
Having determined that these proposals shall take the form of an international Convention;
Working together to promote a safe and healthy working environment
192 ILC.106/III/1B
adopts this fifteenth day of June of the year two thousand and six the following Convention, which
may be cited as the Promotional Framework for Occupational Safety and Health Convention, 2006.
I. DEFINITIONS
Article 1
For the purpose of this Convention:
(a) the term “national policy” refers to the national policy on occupational safety and health and
the working environment developed in accordance with the principles of Article 4 of the
Occupational Safety and Health Convention, 1981 (No. 155);
(b) the term “national system for occupational safety and health” or “national system” refers to
the infrastructure which provides the main framework for implementing the national policy
and national programmes on occupational safety and health;
(c) the term “national programme on occupational safety and health” or “national programme”
refers to any national programme that includes objectives to be achieved in a predetermined
time frame, priorities and means of action formulated to improve occupational safety and
health, and means to assess progress;
(d) the term “a national preventative safety and health culture” refers to a culture in which the
right to a safe and healthy working environment is respected at all levels, where government,
employers and workers actively participate in securing a safe and healthy working
environment through a system of defined rights, responsibilities and duties, and where the
principle of prevention is accorded the highest priority.
II. OBJECTIVE
Article 2
1. Each Member which ratifies this Convention shall promote continuous improvement of
occupational safety and health to prevent occupational injuries, diseases and deaths, by the
development, in consultation with the most representative organizations of employers and workers,
of a national policy, national system and national programme.
2. Each Member shall take active steps towards achieving progressively a safe and healthy
working environment through a national system and national programmes on occupational safety
and health by taking into account the principles set out in instruments of the International Labour
Organization (ILO) relevant to the promotional framework for occupational safety and health.
3. Each Member, in consultation with the most representative organizations of employers
and workers, shall periodically consider what measures could be taken to ratify relevant
occupational safety and health Conventions of the ILO.
III. NATIONAL POLICY
Article 3
1. Each Member shall promote a safe and healthy working environment by formulating a
national policy.
2. Each Member shall promote and advance, at all relevant levels, the right of workers to
a safe and healthy working environment.
3. In formulating its national policy, each Member, in light of national conditions and
practice and in consultation with the most representative organizations of employers and workers,
shall promote basic principles such as assessing occupational risks or hazards; combating occupational risks or hazards at source; and developing a national preventative safety and health
culture that includes information, consultation and training.
Texts of the examined instruments
ILC.106/III/1B 193
IV. NATIONAL SYSTEM
Article 4
1. Each Member shall establish, maintain, progressively develop and periodically review
a national system for occupational safety and health, in consultation with the most representative
organizations of employers and workers.
2. The national system for occupational safety and health shall include among others:
(a) laws and regulations, collective agreements where appropriate, and any other relevant
instruments on occupational safety and health;
(b) an authority or body, or authorities or bodies, responsible for occupational safety and health,
designated in accordance with national law and practice;
(c) mechanisms for ensuring compliance with national laws and regulations, including systems
of inspection; and
(d) arrangements to promote, at the level of the undertaking, cooperation between management,
workers and their representatives as an essential element of workplace-related prevention
measures.
3. The national system for occupational safety and health shall include, where appropriate:
(a) a national tripartite advisory body, or bodies, addressing occupational safety and health
issues;
(b) information and advisory services on occupational safety and health;
(c) the provision of occupational safety and health training;
(d) occupational health services in accordance with national law and practice;
(e) research on occupational safety and health;
(f) a mechanism for the collection and analysis of data on occupational injuries and diseases,
taking into account relevant ILO instruments;
(g) provisions for collaboration with relevant insurance or social security schemes covering
occupational injuries and diseases; and
(h) support mechanisms for a progressive improvement of occupational safety and health
conditions in micro-enterprises, in small and medium-sized enterprises and in the informal
economy.
V. NATIONAL PROGRAMME
Article 5
1. Each Member shall formulate, implement, monitor, evaluate and periodically review a
national programme on occupational safety and health in consultation with the most representative
organizations of employers and workers.
2. The national programme shall:
(a) promote the development of a national preventative safety and health culture;
(b) contribute to the protection of workers by eliminating or minimizing, so far as is reasonably
practicable, work-related hazards and risks, in accordance with national law and practice, in
order to prevent occupational injuries, diseases and deaths and promote safety and health in
the workplace;
(c) be formulated and reviewed on the basis of analysis of the national situation regarding occupational safety and health, including analysis of the national system for occupational
safety and health;
Working together to promote a safe and healthy working environment
194 ILC.106/III/1B
(d) include objectives, targets and indicators of progress; and
(e) be supported, where possible, by other complementary national programmes and plans which
will assist in achieving progressively a safe and healthy working environment.
3. The national programme shall be widely publicized and, to the extent possible, endorsed
and launched by the highest national authorities.
VI. FINAL PROVISIONS
Article 6
This Convention does not revise any international labour Conventions or Recommendations.
Article 7
The formal ratifications of this Convention shall be communicated to the Director-General
of the International Labour Office for registration.
Article 8
1. This Convention shall be binding only upon those Members of the International Labour
Organization whose ratifications have been registered with the Director-General of the
International Labour Office.
2. It shall come into force twelve months after the date on which the ratifications of two
Members have been registered with the Director-General.
3. Thereafter, this Convention shall come into force for any Member twelve months after
the date on which its ratification is registered.
Article 9
1. A Member which has ratified this Convention may denounce it after the expiration of
ten years from the date on which the Convention first comes into force, by an act communicated
to the Director-General of the International Labour Office for registration. Such denunciation shall
not take effect until one year after the date on which it is registered.
2. Each Member which has ratified this Convention and which does not, within the year
following the expiration of the period of ten years mentioned in the preceding paragraph, exercise
the right of denunciation provided for in this Article, will be bound for another period of ten years
and, thereafter, may denounce this Convention within the first year of each new period of ten years
under the terms provided for in this Article.
Article 10
1. The Director-General of the International Labour Office shall notify all Members of the
International Labour Organization of the registration of all ratifications and denunciations that have
been communicated by the Members of the Organization.
2. When notifying the Members of the Organization of the registration of the second
ratification that has been communicated, the Director-General shall draw the attention of the
Members of the Organization to the date upon which the Convention will come into force.
Article 11
The Director-General of the International Labour Office shall communicate to the Secretary-
General of the United Nations for registration in accordance with Article 102 of the Charter of the
United Nations full particulars of all ratifications and denunciations that have been registered.
Texts of the examined instruments
ILC.106/III/1B 195
Article 12
At such times as it may consider necessary, the Governing Body of the International Labour
Office shall present to the General Conference a report on the working of this Convention and shall
examine the desirability of placing on the agenda of the Conference the question of its revision.
Article 13
1. Should the Conference adopt a new Convention revising this Convention, then, unless
the new Convention otherwise provides:
(a) the ratification by a Member of the new revising Convention shall ipso jure involve the
immediate denunciation of this Convention, notwithstanding the provisions of Article 9
above, if and when the new revising Convention shall have come into force;
(b) as from the date when the new revising Convention comes into force, this Convention shall
cease to be open to ratification by the Members.
2. This Convention shall in any case remain in force in its actual form and content for those
Members which have ratified it but have not ratified the revising Convention.
Article 14
The English and French versions of the text of this Convention are equally authoritative.
Working together to promote a safe and healthy working environment
196 ILC.106/III/1B
Recommendation No. 197
Recommendation concerning the Promotional Framework for Occupational Safety and Health
The General Conference of the International Labour Organization,
Having been convened at Geneva by the Governing Body of the International Labour Office, and
having met in its Ninety-fifth Session on 31 May 2006,
Having decided upon the adoption of certain proposals with regard to occupational safety and
health, which is the fourth item on the agenda of the session, and
Having determined that these proposals shall take the form of a Recommendation supplementing
the Promotional Framework for Occupational Safety and Health Convention, 2006
(hereinafter referred to as “the Convention”);
adopts this fifteenth day of June of the year two thousand and six the following Recommendation,
which may be cited as the Promotional Framework for Occupational Safety and Health
Recommendation, 2006.
I. NATIONAL POLICY
1. The national policy formulated under Article 3 of the Convention should take into
account Part II of the Occupational Safety and Health Convention, 1981 (No. 155), as well as the
relevant rights, duties and responsibilities of workers, employers and governments in that
Convention.
II. NATIONAL SYSTEM
2. In establishing, maintaining, progressively developing and periodically reviewing the
national system for occupational safety and health defined in Article 1(b) of the Convention,
Members:
(a) should take into account the instruments of the International Labour Organization (ILO)
relevant to the promotional framework for occupational safety and health listed in the Annex
to this Recommendation, in particular the Occupational Safety and Health Convention, 1981
(No. 155), the Labour Inspection Convention, 1947 (No. 81) and the Labour Inspection
(Agriculture) Convention, 1969 (No. 129); and
(b) may extend the consultations provided for in Article 4(1) of the Convention to other
interested parties.
3. With a view to preventing occupational injuries, diseases and deaths, the national system
should provide appropriate measures for the protection of all workers, in particular, workers in
high-risk sectors, and vulnerable workers such as those in the informal economy and migrant and
young workers.
4. Members should take measures to protect the safety and health of workers of both
genders, including the protection of their reproductive health.
5. In promoting a national preventative safety and health culture as defined in Article 1(d)
of the Convention, Members should seek:
(a) to raise workplace and public awareness on occupational safety and health through national
campaigns linked with, where appropriate, workplace and international initiatives;
(b) to promote mechanisms for delivery of occupational safety and health education and training,
in particular for management, supervisors, workers and their representatives and government
officials responsible for safety and health;
(c) to introduce occupational safety and health concepts and, where appropriate, competencies,
in educational and vocational training programmes;
Texts of the examined instruments
ILC.106/III/1B 197
(d) to facilitate the exchange of occupational safety and health statistics and data among relevant
authorities, employers, workers and their representatives;
(e) to provide information and advice to employers and workers and their respective
organizations and to promote or facilitate cooperation among them with a view to eliminating
or minimizing, so far as is reasonably practicable, work-related hazards and risks;
(f) to promote, at the level of the workplace, the establishment of safety and health policies and
joint safety and health committees and the designation of workers’ occupational safety and
health representatives, in accordance with national law and practice; and
(g) to address the constraints of micro-enterprises and small and medium-sized enterprises and
contractors in the implementation of occupational safety and health policies and regulations,
in accordance with national law and practice.
6. Members should promote a management systems approach to occupational safety and
health, such as the approach set out in the Guidelines on occupational safety and health
management systems (ILO-OSH 2001).
III. NATIONAL PROGRAMME
7. The national programme on occupational safety and health as defined in Article 1(c) of
the Convention should be based on principles of assessment and management of hazards and risks,
in particular at the workplace level.
8. The national programme should identify priorities for action, which should be
periodically reviewed and updated.
9. In formulating and reviewing the national programme, Members may extend the
consultations provided for in Article 5(1) of the Convention to other interested parties.
10. With a view to giving effect to the provisions of Article 5 of the Convention, the
national programme should actively promote workplace prevention measures and activities that
include the participation of employers, workers and their representatives.
11. The national programme on occupational safety and health should be coordinated,
where appropriate, with other national programmes and plans, such as those relating to public
health and economic development.
12. In formulating and reviewing the national programme, Members should take into
account the instruments of the ILO relevant to the promotional framework for occupational safety
and health, listed in the Annex to this Recommendation, without prejudice to their obligations
under Conventions that they have ratified.
IV. NATIONAL PROFILE
13. Members should prepare and regularly update a national profile which summarizes the
existing situation on occupational safety and health and the progress made towards achieving a
safe and healthy working environment. The profile should be used as a basis for formulating and
reviewing the national programme.
14. (1) The national profile on occupational safety and health should include information
on the following elements, as applicable:
(a) laws and regulations, collective agreements where appropriate, and any other relevant
instruments on occupational safety and health;
(b) the authority or body, or the authorities or bodies, responsible for occupational safety and
health, designated in accordance with national law and practice;
(c) the mechanisms for ensuring compliance with national laws and regulations, including the
systems of inspection;
Working together to promote a safe and healthy working environment
198 ILC.106/III/1B
(d) the arrangements to promote, at the level of the undertaking, cooperation between
management, workers and their representatives as an essential element of workplace-related
prevention measures;
(e) the national tripartite advisory body, or bodies, addressing occupational safety and health
issues;
(f) the information and advisory services on occupational safety and health;
(g) the provision of occupational safety and health training;
(h) the occupational health services in accordance with national law and practice;
(i) research on occupational safety and health;
(j) the mechanism for the collection and analysis of data on occupational injuries and diseases
and their causes, taking into account relevant ILO instruments;
(k) the provisions for collaboration with relevant insurance or social security schemes covering
occupational injuries and diseases; and
(l) the support mechanisms for a progressive improvement of occupational safety and health
conditions in micro-enterprises, in small and medium-sized enterprises and in the informal
economy.
(2) In addition, the national profile on occupational safety and health should include
information on the following elements, where appropriate:
(a) coordination and collaboration mechanisms at national and enterprise levels, including
national programme review mechanisms;
(b) technical standards, codes of practice and guidelines on occupational safety and health;
(c) educational and awareness-raising arrangements, including promotional initiatives;
(d) specialized technical, medical and scientific institutions with linkages to various aspects of
occupational safety and health, including research institutes and laboratories concerned with
occupational safety and health;
(e) personnel engaged in the area of occupational safety and health, such as inspectors, safety
and health officers, and occupational physicians and hygienists;
(f) occupational injury and disease statistics;
(g) occupational safety and health policies and programmes of organizations of employers and
workers;
(h) regular or ongoing activities related to occupational safety and health, including international
collaboration;
(i) financial and budgetary resources with regard to occupational safety and health; and
(j) data addressing demography, literacy, economy and employment, as available, as well as
any other relevant information.
V. INTERNATIONAL COOPERATION AND
EXCHANGE OF INFORMATION
15. The International Labour Organization should:
(a) facilitate international technical cooperation on occupational safety and health with a view
to assisting countries, particularly developing countries, for the following purposes:
(i) to strengthen their capacity for the establishment and maintenance of a national
preventative safety and health culture;
(ii) to promote a management systems approach to occupational safety and health; and
Texts of the examined instruments
ILC.106/III/1B 199
(iii) to promote the ratification, in the case of Conventions, and implementation of
instruments of the ILO relevant to the promotional framework for occupational safety
and health, listed in the Annex to this Recommendation;
(b) facilitate the exchange of information on national policies within the meaning of Article 1(a)
of the Convention, on national systems and programmes on occupational safety and health,
including on good practices and innovative approaches, and on the identification of new and
emerging hazards and risks in the workplace; and
(c) provide information on progress made towards achieving a safe and healthy working
environment.
VI. UPDATING OF THE ANNEX
16. The Annex to this Recommendation should be reviewed and updated by the Governing
Body of the International Labour Office. Any revised annex so established shall be adopted by the
Governing Body and shall replace the preceding annex after having been communicated to the
Members of the International Labour Organization.
ANNEX
INSTRUMENTS OF THE INTERNATIONAL LABOUR ORGANIZATION
RELEVANT TO THE PROMOTIONAL FRAMEWORK FOR
OCCUPATIONAL SAFETY AND HEALTH
I. CONVENTIONS
Labour Inspection Convention, 1947 (No. 81)
Radiation Protection Convention, 1960 (No. 115)
Hygiene (Commerce and Offices) Convention, 1964 (No. 120)
Employment Injury Benefits Convention, 1964 (No. 121)
Labour Inspection (Agriculture) Convention, 1969 (No. 129)
Occupational Cancer Convention, 1974 (No. 139)
Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)
Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152)
Occupational Safety and Health Convention, 1981 (No. 155)
Occupational Health Services Convention, 1985 (No. 161)
Asbestos Convention, 1986 (No. 162)
Safety and Health in Construction Convention, 1988 (No. 167)
Chemicals Convention, 1990 (No. 170)
Prevention of Major Industrial Accidents Convention, 1993 (No. 174)
Safety and Health in Mines Convention, 1995 (No. 176)
Protocol of 1995 to the Labour Inspection Convention, 1947 (No. 81)
Safety and Health in Agriculture Convention, 2001 (No. 184)
Protocol of 2002 to the Occupational Safety and Health Convention, 1981 (No. 155)
Working together to promote a safe and healthy working environment
200 ILC.106/III/1B
II. RECOMMENDATIONS
Labour Inspection Recommendation, 1947 (No. 81)
Labour Inspection (Mining and Transport) Recommendation, 1947 (No. 82)
Protection of Workers’ Health Recommendation, 1953 (No. 97)
Welfare Facilities Recommendation, 1956 (No. 102)
Radiation Protection Recommendation, 1960 (No. 114)
Workers’ Housing Recommendation, 1961 (No. 115)
Hygiene (Commerce and Offices) Recommendation, 1964 (No. 120)
Employment Injury Benefits Recommendation, 1964 (No. 121)
Labour Inspection (Agriculture) Recommendation, 1969 (No. 133)
Occupational Cancer Recommendation, 1974 (No. 147)
Working Environment (Air Pollution, Noise and Vibration) Recommendation, 1977 (No. 156)
Occupational Safety and Health (Dock Work) Recommendation, 1979 (No. 160)
Occupational Safety and Health Recommendation, 1981 (No. 164)
Occupational Health Services Recommendation, 1985 (No. 171)
Asbestos Recommendation, 1986 (No. 172)
Safety and Health in Construction Recommendation, 1988 (No. 175)
Chemicals Recommendation, 1990 (No. 177)
Prevention of Major Industrial Accidents Recommendation, 1993 (No. 181)
Safety and Health in Mines Recommendation, 1995 (No. 183)
Safety and Health in Agriculture Recommendation, 2001 (No. 192)
List of Occupational Diseases Recommendation, 2002 (No. 194)
Texts of the examined instruments
ILC.106/III/1B 201
Convention No. 167
Convention concerning Safety and Health in Construction
The General Conference of the International Labour Organisation,
Having been convened at Geneva by the Governing Body of the International Labour Office, and
having met in its Seventy-fifth Session on 1 June 1988, and
Noting the relevant international labour Conventions and Recommendations and, in particular, the
Safety Provisions (Building) Convention and Recommendation, 1937, the Co-operation in
Accident Prevention (Building) Recommendation, 1937, the Radiation Protection
Convention and Recommendation, 1960, the Guarding of Machinery Convention and
Recommendation, 1963, the Maximum Weight Convention and Recommendation, 1967, the
Occupational Cancer Convention and Recommendation, 1974, the Working Environment
(Air Pollution, Noise and Vibration) Convention and Recommendation, 1977, the
Occupational Safety and Health Convention and Recommendation, 1981, the Occupational
Health Services Convention and Recommendation, 1985, the Asbestos Convention and
Recommendation, 1986, and the list of occupational diseases as revised in 1980 appended to
the Employment Injury Benefits Convention, 1964, and
Having decided upon the adoption of certain proposals with regard to safety and health in
construction, which is the fourth item on the agenda of the session, and
Having determined that these proposals shall take the form of an international Convention revising
the Safety Provisions (Building) Convention, 1937,
adopts this twentieth day of June of the year one thousand nine hundred and eighty-eight the
following Convention, which may be cited as the Safety and Health in Construction Convention,
1988:
I. SCOPE AND DEFINITIONS
Article 1
1. This Convention applies to all construction activities, namely building, civil
engineering, and erection and dismantling work, including any process, operation or transport on
a construction site, from the preparation of the site to the completion of the project.
2. A Member ratifying this Convention may, after consultation with the most
representative organisations of employers and workers concerned, where they exist, exclude from
the application of the Convention, or certain provisions thereof, particular branches of economic
activity or particular undertakings in respect of which special problems of a substantial nature arise,
on condition that a safe and healthy working environment is maintained.
3. This Convention also applies to such self-employed persons as may be specified by
national laws or regulations.
Article 2
For the purpose of this Convention:
(a) The term “construction” covers:
(i) building, including excavation and the construction, structural alteration, renovation,
repair, maintenance (including cleaning and painting) and demolition of all types of
buildings or structures;
(ii) civil engineering, including excavation and the construction, structural alteration,
repair, maintenance and demolition of, for example, airports, docks, harbours, inland
Ed.: This Convention came into force on 11 January 1991.
Working together to promote a safe and healthy working environment
202 ILC.106/III/1B
waterways, dams, river and avalanche and sea defence works, roads and highways,
railways, bridges, tunnels, viaducts and works related to the provision of services such
as communications, drainage, sewerage, water and energy supplies;
(iii) the erection and dismantling of prefabricated buildings and structures, as well as the
manufacturing of prefabricated elements on the construction site;
(b) the term “construction site” means any site at which any of the processes or operations
described in subparagraph (a) above are carried on;
(c) the term “workplace” means all places where workers need to be or to go by reason of their
work and which are under the control of an employer as defined in subparagraph (e) below;
(d) the term “worker” means any person engaged in construction;
(e) the term “employer” means:
(i) any physical or legal person who employs one or more workers on a construction site;
and
(ii) as the context requires, the principal contractor, the contractor or the subcontractor;
(f) the term “competent person” means a person possessing adequate qualifications, such as
suitable training and sufficient knowledge, experience and skill for the safe performance of
the specific work. The competent authorities may define appropriate criteria for the
designation of such persons and may determine the duties to be assigned to them;
(g) the term “scaffold” means any temporary structure, fixed, suspended or mobile, and its
supporting components which is used for supporting workers and materials or to gain access
to any such structure, and which is not a “lifting appliance” as defined in subparagraph (h)
below;
(h) the term “lifting appliance” means any stationary or mobile appliance used for raising or
lowering persons or loads;
(i) the term “lifting gear” means any gear or tackle by means of which a load can be attached to
a lifting appliance but which does not form an integral part of the appliance or load.
II. GENERAL PROVISIONS
Article 3
The most representative organisations of employers and workers concerned shall be
consulted on the measures to be taken to give effect to the provisions of this Convention.
Article 4
Each Member which ratifies this Convention undertakes that it will, on the basis of an
assessment of the safety and health hazards involved, adopt and maintain in force laws or
regulations which ensure the application of the provisions of the Convention.
Article 5
1. The laws and regulations adopted in pursuance of Article 4 above may provide for their
practical application through technical standards or codes of practice, or by other appropriate
methods consistent with national conditions and practice.
2. In giving effect to Article 4 above and to paragraph 1 of this Article, each Member shall
have due regard to the relevant standards adopted by recognised international organisations in the
field of standardisation.
Texts of the examined instruments
ILC.106/III/1B 203
Article 6
Measures shall be taken to ensure that there is co-operation between employers and workers,
in accordance with arrangements to be defined by national laws or regulations, in order to promote
safety and health at construction sites.
Article 7
National laws or regulations shall require that employers and self-employed persons have a
duty to comply with the prescribed safety and health measures at the workplace.
Article 8
1. Whenever two or more employers undertake activities simultaneously at one
construction site –
(a) the principal contractor, or other person or body with actual control over or primary
responsibility for overall construction site activities, shall be responsible for co-ordinating
the prescribed safety and health measures and, in so far as is compatible with national laws
and regulations, for ensuring compliance with such measures;
(b) in so far as is compatible with national laws and regulations, where the principal contractor,
or other person or body with actual control over or primary responsibility for overall
construction site activities, is not present at the site, he shall nominate a competent person or
body at the site with the authority and means necessary to ensure on his behalf co-ordination
and compliance with the measures, as foreseen in subparagraph (a) above;
(c) each employer shall remain responsible for the application of the prescribed measures in
respect of the workers placed under his authority.
2. Whenever employers or self-employed persons undertake activities simultaneously at
one construction site they shall have the duty to co-operate in the application of the prescribed
safety and health measures, as may be specified by national laws or regulations.
Article 9
Those concerned with the design and planning of a construction project shall take into
account the safety and health of the construction workers in accordance with national laws,
regulations and practice.
Article 10
National laws or regulations shall provide that workers shall have the right and the duty at
any workplace to participate in ensuring safe working conditions to the extent of their control over
the equipment and methods of work and to express views on the working procedures adopted as
they may affect safety and health.
Article 11
National laws or regulations shall provide that workers shall have the duty to –
(a) co-operate as closely as possible with their employer in the application of the prescribed
safety and health measures;
(b) take reasonable care for their own safety and health and that of other persons who may be
affected by their acts or omissions at work;
(c) use facilities placed at their disposal and not misuse anything provided for their own
protection or the protection of others;
(d) report forthwith to their immediate supervisor, and to the workers’ safety representative where one exists, any situation which they believe could present a risk, and which they
cannot properly deal with themselves;
Working together to promote a safe and healthy working environment
204 ILC.106/III/1B
(e) comply with the prescribed safety and health measures.
Article 12
1. National laws or regulations shall provide that a worker shall have the right to remove
himself from danger when he has good reason to believe that there is an imminent and serious
danger to his safety or health, and the duty so to inform his supervisor immediately.
2. Where there is an imminent danger to the safety of workers the employer shall take
immediate steps to stop the operation and evacuate workers as appropriate.
III. PREVENTIVE AND PROTECTIVE MEASURES
Article 13
SAFETY OF WORKPLACES
1. All appropriate precautions shall be taken to ensure that all workplaces are safe and
without risk of injury to the safety and health of workers.
2. Safe means of access to and egress from all workplaces shall be provided and
maintained, and indicated where appropriate.
3. All appropriate precautions shall be taken to protect persons present at or in the vicinity
of a construction site from all risks which may arise from such site.
Article 14
SCAFFOLDS AND LADDERS
1. Where work cannot safely be done on or from the ground or from part of a building or
other permanent structure, a safe and suitable scaffold shall be provided and maintained, or other
equally safe and suitable provision shall be made.
2. In the absence of alternative safe means of access to elevated working places, suitable
and sound ladders shall be provided. They shall be property secured against inadvertent movement.
3. All scaffolds and ladders shall be constructed and used in accordance with national laws
and regulations.
4. Scaffolds shall be inspected by a competent person in such cases and at such times as
shall be prescribed by national laws or regulations.
Article 15
LIFTING APPLIANCES AND GEAR
1. Every lifting appliance and item of lifting gear, including their constituent elements,
attachments, anchorages and supports, shall –
(a) be of good design and construction, sound material and adequate strength for the purpose for
which they are used;
(b) be properly installed and used;
(c) be maintained in good working order;
(d) be examined and tested by a competent person at such times and in such cases as shall be
prescribed by national laws or regulations; the results of these examinations and tests shall
be recorded;
(e) be operated by workers who have received appropriate training in accordance with national
laws and regulations.
Texts of the examined instruments
ILC.106/III/1B 205
2. No person shall be raised, lowered or carried by a lifting appliance unless it is
constructed, installed and used for that purpose in accordance with national laws and regulations,
except in an emergency situation in which serious personal injury or fatality may occur, and for
which the lifting appliance can be safely used.
Article 16
TRANSPORT, EARTH-MOVING AND MATERIALS-HANDLING EQUIPMENT
1. All vehicles and earth-moving or materials-handling equipment shall –
(a) be of good design and construction taking into account as far as possible ergonomic
principles;
(b) be maintained in good working order;
(c) be properly used;
(d) be operated by workers who have received appropriate training in accordance with national
laws and regulations.
2. On all construction sites on which vehicles, earth-moving or materials-handling
equipment are used –
(a) safe and suitable access ways shall be provided for them; and
(b) traffic shall be so organised and controlled as to secure their safe operation.
Article 17
PLANT, MACHINERY, EQUIPMENT AND HAND TOOLS
1. Plant, machinery and equipment, including hand tools, both manual and power driven,
shall –
(a) be of good design and construction, taking into account as far as possible ergonomic
principles;
(b) be maintained in good working order;
(c) be used only for work for which they have been designed unless a use outside the initial
design purposes has been assessed by a competent person who has concluded that such use
is safe;
(d) be operated by workers who have received appropriate training.
2. Adequate instructions for safe use shall be provided where appropriate by the
manufacturer or the employer, in a form understood by the users.
3. Pressure plant and equipment shall be examined and tested by a competent person in
cases and at times prescribed by national laws or regulations.
Article 18
WORK AT HEIGHTS INCLUDING ROOFWORK
1. Where necessary to guard against danger, or where the height of a structure or its slope
exceeds that prescribed by national laws or regulations, preventive measures shall be taken against
the fall of workers and tools or other objects or materials.
2. Where workers are required to work on or near roofs or other places covered with fragile
material, through which they are liable to fall, preventive measures shall be taken against their inadvertently stepping on or falling through the fragile material.
Working together to promote a safe and healthy working environment
206 ILC.106/III/1B
Article 19
EXCAVATIONS, SHAFTS, EARTHWORKS, UNDERGROUND
WORKS AND TUNNELS
Adequate precautions shall be taken in any excavation, shaft, earthworks, underground
works or tunnel –
(a) by suitable shoring or otherwise to guard against danger to workers from a fall or
dislodgement of earth, rock or other material;
(b) to guard against dangers arising from the fall of persons, materials or objects or the inrush of
water into the excavation, shaft, earthworks, underground works or tunnel;
(c) to secure adequate ventilation at every workplace so as to maintain an atmosphere fit for
respiration and to limit any fumes, gases, vapours, dust or other impurities to levels which
are not dangerous or injurious to health and are within limits laid down by national laws or
regulations;
(d) to enable the workers to reach safety in the event of fire, or an inrush of water or material;
(e) to avoid risk to workers arising from possible underground dangers such as the circulation
of fluids or the presence of pockets of gas, by undertaking appropriate investigations to locate
them.
Article 20
COFFERDAMS AND CAISSONS
1. Every cofferdam and caisson shall be –
(a) of good construction and suitable and sound material and of adequate strength;
(b) provided with adequate means for workers to reach safety in the event of an inrush of water
or material.
2. The construction, positioning, modification or dismantling of a cofferdam or caisson
shall take place only under the immediate supervision of a competent person.
3. Every cofferdam and caisson shall be inspected by a competent person at prescribed
intervals.
Article 21
WORK IN COMPRESSED AIR
1. Work in compressed air shall be carried out only in accordance with measures prescribed
by national laws or regulations.
2. Work in compressed air shall be carried out only by workers whose physical aptitude
for such work has been established by a medical examination and when a competent person is
present to supervise the conduct of the operations.
Article 22
STRUCTURAL FRAMES AND FORMWORK
1. The erection of structural frames and components, formwork, falsework and shoring
shall be carried out only under the supervision of a competent person.
2. Adequate precautions shall be taken to guard against danger to workers arising from any
temporary state of weakness or instability of a structure.
Texts of the examined instruments
ILC.106/III/1B 207
3. Formwork, falsework and shoring shall be so designed, constructed and maintained that
it will safely support all loads that may be imposed on it.
Article 23
WORK OVER WATER
Where work is done over or in close proximity to water there shall be adequate provision for –
(a) preventing workers from falling into water;
(b) the rescue of workers in danger of drowning;
(c) safe and sufficient transport.
Article 24
DEMOLITION
When the demolition of any building or structure might present danger to workers or to the
public –
(a) appropriate precautions, methods and procedures shall be adopted, including those for the
disposal of waste or residues, in accordance with national laws or regulations;
(b) the work shall be planned and undertaken only under the supervision of a competent person.
Article 25
LIGHTING
Adequate and suitable lighting, including portable lighting where appropriate, shall be
provided at every workplace and any other place on the construction site where a worker may have
to pass.
Article 26
ELECTRICITY
1. All electrical equipment and installations shall be constructed, installed and maintained
by a competent person, and so used as to guard against danger.
2. Before construction is commenced and during the progress thereof adequate steps shall
be taken to ascertain the presence of and to guard against danger to workers from any live electrical
cable or apparatus which is under, over or on the site.
3. The laying and maintenance of electrical cables and apparatus on construction sites shall
be governed by the technical rules and standards applied at the national level.
Article 27
EXPLOSIVES
Explosives shall not be stored, transported, handled or used except –
(a) under conditions prescribed by national laws or regulations; and
(b) by a competent person, who shall take such steps as are necessary to ensure that workers and
other persons are not exposed to risk of injury.
Working together to promote a safe and healthy working environment
208 ILC.106/III/1B
Article 28
HEALTH HAZARDS
1. Where a worker is liable to be exposed to any chemical, physical or biological hazard to
such an extent as is liable to be dangerous to health, appropriate preventive measures shall be taken
against such exposure.
2. The preventive measures referred to in paragraph 1 above shall comprise –
(a) the replacement of hazardous substances by harmless or less hazardous substances wherever
possible; or
(b) technical measures applied to the plant, machinery, equipment or process; or
(c) where it is not possible to comply with subparagraphs (a) or (b) above, other effective
measures, including the use of personal protective equipment and protective clothing.
3. Where workers are required to enter any area in which a toxic or harmful substance may
be present, or in which there may be an oxygen deficiency, or a flammable atmosphere, adequate
measures shall be taken to guard against danger.
4. Waste shall not be destroyed or otherwise disposed of on a construction site in a manner
which is liable to be injurious to health.
Article 29
FIRE PRECAUTIONS
1. The employer shall take all appropriate measures to –
(a) avoid the risk of fire;
(b) combat quickly and efficiently any outbreak of fire;
(c) bring about a quick and safe evacuation of persons.
2. Sufficient and suitable storage shall be provided for flammable liquids, solids and gases.
Article 30
PERSONAL PROTECTIVE EQUIPMENT AND PROTECTIVE CLOTHING
1. Where adequate protection against risk of accident or injury to health, including
exposure to adverse conditions, cannot be ensured by other means, suitable personal protective
equipment and protective clothing, having regard to the type of work and risks, shall be provided
and maintained by the employer, without cost to the workers, as may be prescribed by national
laws or regulations.
2. The employer shall provide the workers with the appropriate means to enable them to
use the individual protective equipment, and shall ensure its proper use.
3. Protective equipment and protective clothing shall comply with standards set by the
competent authority taking into account as far as possible ergonomic principles.
4. Workers shall be required to make proper use of and to take good care of the personal
protective equipment and protective clothing provided for their use.
Texts of the examined instruments
ILC.106/III/1B 209
Article 31
FIRST AID
The employer shall be responsible for ensuring that first aid, including trained personnel, is
available at all times. Arrangements shall be made for ensuring the removal for medical attention
of workers who have suffered an accident or sudden illness.
Article 32
WELFARE
1. At or within reasonable access of every construction site an adequate supply of
wholesome drinking water shall be provided.
2. At or within reasonable access of every construction site, the following facilities shall,
depending on the number of workers and the duration of the work, be provided and maintained –
(a) sanitary and washing facilities;
(b) facilities for changing and for the storage and drying of clothing;
(c) accommodation for taking meals and for taking shelter during interruption of work due to
adverse weather conditions.
3. Men and women workers should be provided with separate sanitary and washing
facilities.
Article 33
INFORMATION AND TRAINING
Workers shall be adequately and suitably –
(a) informed of potential safety and health hazards to which they may be exposed at their
workplace;
(b) instructed and trained in the measures available for the prevention and control of, and
protection against, those hazards.
Article 34
REPORTING OF ACCIDENTS AND DISEASES
National laws or regulations shall provide for the reporting to the competent authority within
a prescribed time of occupational accidents and diseases.
IV. IMPLEMENTATION
Article 35
Each Member shall –
(a) take all necessary measures, including the provision of appropriate penalties and corrective
measures, to ensure the effective enforcement of the provisions of the Convention;
(b) provide appropriate inspection services to supervise the application of the measures to be
taken in pursuance of the Convention and provide these services with the resources necessary
for the accomplishment of their task, or satisfy itself that appropriate inspection is carried
out.
Working together to promote a safe and healthy working environment
210 ILC.106/III/1B
V. FINAL PROVISIONS
Article 36
This Convention revises the Safety Provisions (Building) Convention, 1937.
Article 37
The formal ratifications of this Convention shall be communicated to the Director-General
of the International Labour Office for registration.
Article 38
1. This Convention shall be binding only upon those Members of the International Labour
Organisation whose ratifications have been registered with the Director-General.
2. It shall come into force twelve months after the date on which the ratifications of two
Members have been registered with the Director-General.
3. Thereafter, this Convention shall come into force for any Member twelve months after
the date on which its ratification has been registered.
Article 39
1. A Member which has ratified this Convention may denounce it after the expiration of
ten years from the date on which the Convention first comes into force, by an act communicated
to the Director-General of the International Labour Office for registration. Such denunciation shall
not take effect until one year after the date on which it is registered.
2. Each Member which has ratified this Convention and which does not, within the year
following the expiration of the period of ten years mentioned in the preceding paragraph, exercise
the right of denunciation provided for in this Article, will be bound for another period of ten years
and, thereafter, may denounce this Convention at the expiration of each period of ten years under
the terms provided for in this Article.
Article 40
1. The Director-General of the International Labour Office shall notify all Members of the
International Labour Organisation of the registration of all ratifications and denunciations
communicated to him by the Members of the Organisation.
2. When notifying the Members of the Organisation of the registration of the second
ratification communicated to him, the Director-General shall draw the attention of the Members of
the Organisation to the date upon which the Convention will come into force.
Article 41
The Director-General of the International Labour Office shall communicate to the Secretary-
General of the United Nations for registration in accordance with Article 102 of the Charter of the
United Nations full particulars of all ratifications and acts of denunciation registered by him in
accordance with the provisions of the preceding Articles.
Article 42
At such times as it may consider necessary the Governing Body of the International Labour
Office shall present to the General Conference a report on the working of this Convention and shall
examine the desirability of placing on the agenda of the Conference the question of its revision in
whole or in part.
Texts of the examined instruments
ILC.106/III/1B 211
Article 43
1. Should the Conference adopt a new Convention revising this Convention in whole or in
part, then, unless the new Convention otherwise provides –
(a) the ratification by a Member of the new revising Convention shall ipso jure involve the
immediate denunciation of this Convention, notwithstanding the provisions of Article 39
above, if and when the new revising Convention shall have come into force;
(b) as from the date when the new revising Convention comes into force this Convention shall
cease to be open to ratification by the Members.
2. This Convention shall in any case remain in force in its actual form and content for those
Members which have ratified it but have not ratified the revising Convention.
Article 44
The English and French versions of the text of this Convention are equally authoritative.
Working together to promote a safe and healthy working environment
212 ILC.106/III/1B
Recommendation No. 175
Recommendation concerning Safety and Health in Construction
The General Conference of the International Labour Organisation,
Having been convened at Geneva by the Governing Body of the International Labour Office, and
having met in its Seventy-fifth Session on 1 June 1988, and
Noting the relevant international labour Conventions and Recommendations and, in particular, the
Safety Provisions (Building) Convention and Recommendation, 1937, the Co-operation in
Accident Prevention (Building) Recommendation, 1937, the Radiation Protection
Convention and Recommendation, 1960, the Guarding of Machinery Convention and
Recommendation, 1963, the Maximum Weight Convention and Recommendation, 1967, the
Occupational Cancer Convention and Recommendation, 1974, the Working Environment
(Air Pollution, Noise and Vibration) Convention and Recommendation, 1977, the
Occupational Safety and Health Convention and Recommendation, 1985, the Asbestos
Convention and Recommendation, 1986, and the list of occupational diseases as revised in
1980 appended to the Employment Injuries Benefits Convention, 1964, and
Having decided upon the adoption of certain proposals with regard to safety and health in
construction, which is the fourth item on the agenda of the session, and
Having determined that these proposals shall take the form of a Recommendation supplementing
the Safety and Health in Construction Convention,
adopts this twentieth day of June of the year one thousand nine hundred and eighty-eight the
following Recommendation, which may be cited as the Safety and Health in Construction
Recommendation, 1988:
I. SCOPE AND DEFINITIONS
1. The provisions of the Safety and Health in Construction Convention, 1988 (hereinafter
referred to as “the Convention”) and of this Recommendation should be applied in particular to:
(a) building, civil engineering and the erection and dismantling of prefabricated buildings and
structures, as defined in Article 2(a) of the Convention;
(b) the fabrication and erection of oil rigs, and of offshore installations while under construction
on shore.
2. For the purposes of this Recommendation –
(a) the term “construction” covers:
(i) building, including excavation and the construction, structural alteration, renovation,
repair, maintenance (including cleaning and painting) and demolition of all types of
buildings or structures;
(ii) civil engineering, including excavation and the construction, structural alteration,
repair, maintenance and demolition of, for example, airports, docks, harbours, inland
waterways, dams, river and avalanche and sea defence works, roads and highways,
railways, bridges, tunnels, viaducts and works related to the provision of services such
as communications, drainage, sewerage, water and energy supplies;
(iii) the erection and dismantling of prefabricated buildings and structures, as well as the
manufacturing of prefabricated elements on the construction site;
(b) the term “construction site” means any site at which any of the processes or operations
described in clause (a) above are carried on;
(c) the term “workplace” means all places where workers need to be or to go by reason of their
work and which are under the control of an employer as defined in clause (f) below;
Texts of the examined instruments
ILC.106/III/1B 213
(d) the term “worker” means any person engaged in construction;
(e) the term “workers’ representatives” means persons who are recognised as such under
national law or practice;
(f) the term “employer” means:
(i) any physical or legal person who employs one or more workers on a construction site;
and
(ii) as the context requires, the principal contractor, the contractor or the subcontractor;
(g) the term “competent person” means a person possessing adequate qualifications, such as
suitable training and sufficient knowledge, experience and skill for the safe performance of
the specific work. The competent authorities may define appropriate criteria for the
designation of such persons and may determine the duties to be assigned to them;
(h) the term “scaffold” means any temporary structure, fixed, suspended or mobile, and its
supporting components which is used for supporting workers and materials or to gain access
to any such structure, and which is not a “lifting appliance” as defined in clause (i) below;
(i) the term “lifting appliance” means any stationary or mobile appliance used for raising or
lowering persons or loads;
(j) the term “lifting gear” means any gear or tackle by means of which a load can be attached to
a lifting appliance but which does not form an integral part of the appliance or load.
3. The provisions of this Recommendation should also apply to such self-employed
persons as may be specified by national laws or regulations.
II. GENERAL PROVISIONS
4. National laws or regulations should require that employers and self-employed persons
have a general duty to provide a safe and healthy workplace and to comply with the prescribed
safety and health measures.
5. (1) Whenever two or more employers undertake activities at one construction site, they
should have the duty to co-operate with one another as well as with any other persons participating
in the construction work being undertaken, including the owner or his representative, in order to
comply with the prescribed safety and health measures.
(2) Ultimate responsibility for the co-ordination of safety and health measures on the
construction site should rest with the principal contractor or such other person as is primarily
responsible for the execution of the work.
6. The measures to be taken to ensure that there is organised co-operation between
employers and workers to promote safety and health at construction sites should be prescribed by
national laws or regulations or by the competent authority. Such measures should include –
(a) the establishment of safety and health committees representative of employers and workers
with such powers and duties as may be prescribed;
(b) the election or appointment of workers’ safety delegates with such powers and duties as may
be prescribed;
(c) the appointment by the employer of suitably qualified and experienced persons to promote
safety and health;
(d) the training of safety delegates and safety committee members.
7. Those concerned with the design and planning of a construction project should take into
account the safety and health of the construction workers in accordance with national laws,
regulations and practice.
8. The design of construction equipment, tools, protective equipment and other similar
equipment should take account of ergonomic principles.
Working together to promote a safe and healthy working environment
214 ILC.106/III/1B
III. PREVENTIVE AND PROTECTIVE MEASURES
9. Construction work should be planned, prepared and undertaken in such a way that –
(a) risks liable to arise at the workplace are prevented as soon as possible;
(b) excessively or unnecessarily strenuous work positions and movements are avoided;
(c) organisation of work takes into account the safety and health of workers;
(d) materials and products are used which are suitable from a safety and health point of view;
(e) working methods are employed which protect workers against the harmful effects of
chemical, physical and biological agents.
10. National laws or regulations should provide for the notification to the competent
authority of construction sites of such size, duration or characteristics as may be prescribed.
11. Workers should have the right and the duty at any workplace to participate in ensuring
safe working conditions to the extent of their control over the equipment and methods of work and
to express views on the working procedures adopted as they may affect safety and health.
SAFETY OF WORKPLACES
12. Housekeeping programmes should be established and implemented on construction
sites which should include provision for –
(a) the proper storage of materials and equipment;
(b) the removal of waste and debris at appropriate intervals.
13. Where workers cannot be protected against falls from heights by any other means –
(a) adequate safety nets or safety sheets should be erected and maintained; or
(b) adequate safety harnesses should be provided and used.
14. The employer should provide the workers with the appropriate means to enable them
to use individual protective equipment and should ensure its proper use. Protective equipment and
protective clothing should comply with standards set by the competent authority, taking into
account as far as possible ergonomic principles.
15. (1) The safety of construction machinery and equipment should be examined and
tested by type or individually, as appropriate, by a competent person.
(2) National laws and regulations should take into consideration the fact that occupational
diseases may be caused by machinery, apparatus and systems which do not take account of
ergonomic principles in their design.
SCAFFOLDS
16. Every scaffold and part thereof should be of suitable and sound material and of
adequate size and strength for the purpose for which it is used and be maintained in a proper
condition.
17. Every scaffold should be properly designed, erected and maintained so as to prevent
collapse or accidental displacement when properly used.
18. The working platforms, gangways and stairways of scaffolds should be of such
dimensions and so constructed and guarded as to protect persons against falling or being
endangered by falling objects.
19. No scaffold should be overloaded or otherwise misused.
20. A scaffold should not be erected, substantially altered or dismantled except by or under
the supervision of a competent person.
Texts of the examined instruments
ILC.106/III/1B 215
21. Scaffolds as prescribed by national laws or regulations should be inspected, and the
results recorded, by a competent person –
(a) before being taken into use;
(b) at periodic intervals thereafter;
(c) after any alteration, interruption in use, exposure to weather or seismic conditions or any
other occurrence likely to have affected their strength or stability.
LIFTING APPLIANCES AND LIFTING GEAR
22. National laws or regulations should prescribe the lifting appliances and items of lifting
gear which should be examined and tested by a competent person –
(a) before being taken into use for the first time;
(b) after erection on a site;
(c) subsequently at intervals prescribed by such national laws or regulations;
(d) after any substantial alteration or repair.
23. The results of the examinations and tests of lifting appliances and items of lifting gear
carried out in pursuance of Paragraph 22 above should be recorded and, as required, made available
to the competent authority and to employers and workers or their representatives.
24. Every lifting appliance having a single safe working load and every item of lifting gear
should be clearly marked with its maximum safe working load.
25. Every lifting appliance having a variable safe working load should be fitted with
effective means to indicate clearly to the driver each maximum safe working load and the
conditions under which it is applicable.
26. A lifting appliance or item of lifting gear should not be loaded beyond its safe working
load or loads, except for testing purposes as specified by and under the direction of a competent
person.
27. Every lifting appliance and every item of lifting gear should be properly installed so
as, inter alia, to provide safe clearance between any moving part and fixed objects, and to ensure
the stability of the appliance.
28. Where necessary to guard against danger, no lifting appliance should be used without
the provision of suitable signalling arrangements or devices.
29. The drivers and operators of such lifting appliances as are prescribed by national laws
or regulations should be –
(a) of a prescribed minimum age;
(b) properly trained and qualified.
TRANSPORT, EARTH-MOVING AND MATERIALS-HANDLING EQUIPMENT
30. The drivers and operators of vehicles and of earth-moving or materials-handling
equipment should be persons trained and tested as required by national laws or regulations.
31. Adequate signalling or other control arrangements or devices should be provided to
guard against danger from the movement of vehicles and earth-moving or materials-handling
equipment. Special safety precautions should be taken for vehicles and equipment when
manoeuvring backwards.
32. Preventive measures should be taken to avoid the fall of vehicles and earth-moving and
materials-handling equipment into excavations or into water.
Working together to promote a safe and healthy working environment
216 ILC.106/III/1B
33. Where appropriate, earth-moving and materials-handling equipment should be fitted
with structures designed to protect the operator from being crushed should the machine overturn,
and from falling material.
EXCAVATIONS, SHAFTS, EARTHWORKS, UNDERGROUND
WORKS AND TUNNELS
34. Shoring or other support for any part of an excavation, shaft, earthworks, underground
works or tunnel should not be erected, altered or dismantled except under the supervision of a
competent person.
35. (1) Every part of an excavation, shaft, earthworks, underground works and tunnel
where persons are employed should be inspected by a competent person at the times and in the
cases prescribed by national laws or regulations, and the results recorded.
(2) Work should not be commenced therein until after such an inspection.
WORK IN COMPRESSED AIR
36. The measures regarding work in compressed air prescribed pursuant to Article 21 of
the Convention should include provisions regulating the conditions in which the work is to be
carried out, the plant and equipment to be used, the medical supervision and control of workers
and the duration of work in compressed air.
37. A person should only be allowed to work in a caisson if it has been inspected by a
competent person within such preceding period as is prescribed by national laws or regulations;
the results of the inspection should be recorded.
PILE DRIVING
38. All pile-driving equipment should be of good design and construction taking into
account as far as possible ergonomic principles, and properly maintained.
39. Pile driving should be carried out only under the supervision of a competent person.
WORK OVER WATER
40. The provisions regarding work over water prescribed in pursuance of Article 23 of the
Convention should include, where appropriate, the provision and use of suitable and adequate –
(a) fencing, safety nets and safety harnesses;
(b) life vests, life preservers, manned boats (motor driven if necessary) and lifebuoys;
(c) protection against such hazards as reptiles and other animals.
HEALTH HAZARDS
41. (1) An information system should be set up by the competent authority, using the
results of international scientific research, to provide information for architects, contractors,
employers and workers’ representatives on the health risks associated with hazardous substances
used in the construction industry.
(2) Manufacturers and dealers in products used in the construction industry should provide
with the products information on any health risks associated with them and on the precautions to
be taken.
(3) In the use of materials that contain hazardous substances and in the removal and
disposal of waste, the health of workers and of the public and the preservation of the environment
should be safeguarded as prescribed by national laws and regulations.
Texts of the examined instruments
ILC.106/III/1B 217
(4) Dangerous substances should be clearly marked and provided with a label giving their
relevant characteristics and instructions on their use. They should be handled under conditions
prescribed by national laws and regulations or by the competent authority.
(5) The competent authority should determine which hazardous substances should be
prohibited from use in the construction industry.
42. The competent authority should keep records of monitoring of the working
environment and assessment of workers’ health for a period prescribed by national laws and
regulations.
43. The manual lifting of excessive weights which presents a safety and health risk to
workers should be avoided by reducing the weight, by the use of mechanical devices or by other
means.
44. Whenever new products, equipment and working methods are introduced, special
attention should be paid to informing and training workers with respect to their implications for
safety and health.
DANGEROUS ATMOSPHERES
45. The measures regarding dangerous atmospheres prescribed pursuant to Article 28,
paragraph 3, of the Convention should include prior written authority or permission from a
competent person, or any other system by which entry into any area in which a dangerous
atmosphere may be present can be effected only after completing specified procedures.
FIRE PRECAUTIONS
46. Where necessary to guard against danger, workers should be suitably trained in the
action to be taken in the event of fire, including the use of means of escape.
47. Where appropriate suitable visual signs should be provided to indicate clearly the
directions of escape in case of fire.
RADIATION HAZARDS
48. Stringent safety regulations should be drawn up and enforced by the competent
authority with respect to construction workers engaged in the maintenance, renovation, demolition
or dismantling of any buildings in which there is a risk of exposure to ionising radiations, in
particular in the nuclear power industry.
FIRST AID
49. The manner in which first-aid facilities and personnel are to be provided in pursuance
of Article 31 of the Convention should be prescribed by national laws or regulations drawn up after
consulting the competent health authority and the most representative organisations of employers
and workers concerned.
50. Where the work involves risk of drowning, asphyxiation or electric shock, first-aid
personnel should be proficient in the use of resuscitation and other life-saving techniques and in
rescue procedures.
WELFARE
51. In appropriate cases, depending on the number of workers, the duration of the work
and its location, adequate facilities for obtaining or preparing food and drink at or near a
construction site should be provided, if they are not otherwise available.
52. Suitable living accommodation should be made available for the workers at
construction sites which are remote from their homes, where adequate transportation between the site and their homes or other suitable living accommodation is not available. Men and women
workers should be provided with separate sanitary, washing and sleeping facilities.
Working together to promote a safe and healthy working environment
218 ILC.106/III/1B
IV. EFFECT ON EARLIER RECOMMENDATIONS
53. This Recommendation supersedes the Safety Provisions (Building) Recommendation,
1937, and the Co-operation in Accident Prevention (Building) Recommendation, 1937.
Texts of the examined instruments
ILC.106/III/1B 219
Convention No. 176
Convention concerning Safety and Health in Mines
The General Conference of the International Labour Organization,
Having been convened at Geneva by the Governing Body of the International Labour Office, and
having met in its Eighty-second Session on 6 June 1995, and
Noting the relevant international labour Conventions and Recommendations and, in particular, the
Abolition of Forced Labour Convention, 1957; the Radiation Protection Convention and
Recommendation, 1960; the Guarding of Machinery Convention and Recommendation,
1963; the Employment Injury Benefits Convention and Recommendation, 1964; the
Minimum Age (Underground Work) Convention and Recommendation, 1965; the Medical
Examination of Young Persons (Underground Work) Convention, 1965; the Working
Environment (Air Pollution, Noise and Vibration) Convention and Recommendation, 1977;
the Occupational Safety and Health Convention and Recommendation, 1981; the
Occupational Health Services Convention and Recommendation, 1985; the Asbestos
Convention and Recommendation, 1986; the Safety and Health in Construction Convention
and Recommendation, 1988; the Chemicals Convention and Recommendation, 1990; and
the Prevention of Major Industrial Accidents Convention and Recommendation, 1993, and
Considering that workers have a need for, and a right to, information, training and genuine
consultation on and participation in the preparation and implementation of safety and health
measures concerning the hazards and risks they face in the mining industry, and
Recognizing that it is desirable to prevent any fatalities, injuries or ill health affecting workers or
members of the public, or damage to the environment arising from mining operations, and
Having regard to the need for cooperation between the International Labour Organization, the
World Health Organization, the International Atomic Energy Agency and other relevant
institutions and noting the relevant instruments, codes of practice, codes and guidelines
issued by these organizations, and
Having decided upon the adoption of certain proposals with regard to safety and health in mines,
which is the fourth item on the agenda of the session, and
Having determined that these proposals shall take the form of an international Convention,
adopts this twenty-second day of June of the year one thousand nine hundred and ninety-five the
following Convention, which may be cited as the Safety and Health in Mines Convention, 1995:
PART I. DEFINITIONS
Article 1
1. For the purpose of this Convention, the term “mine” covers –
(a) surface or underground sites where the following activities, in particular, take place:
(i) exploration for minerals, excluding oil and gas, that involves the mechanical
disturbance of the ground;
(ii) extraction of minerals, excluding oil and gas;
(iii) preparation, including crushing, grinding, concentration or washing of the extracted
material; and
(b) all machinery, equipment, appliances, plant, buildings and civil engineering structures used
in conjunction with the activities referred to in (a) above.
Ed.: This Convention had not received the necessary number of ratifications to come into force by 15 May 1996.
Working together to promote a safe and healthy working environment
220 ILC.106/III/1B
2. For the purpose of this Convention, the term “employer” means any physical or legal
person who employs one or more workers in a mine and, as the context requires, the operator, the
principal contractor, contractor or subcontractor.
PART II. SCOPE AND MEANS OF APPLICATION
Article 2
1. This Convention applies to all mines.
2. After consultations with the most representative organizations of employers and workers
concerned, the competent authority of a Member which ratifies the Convention:
(a) may exclude certain categories of mines from the application of the Convention, or certain
provisions thereof, if the overall protection afforded at these mines under national law and
practice is not inferior to that which would result from the full application of the provisions
of the Convention;
(b) shall, in the case of exclusion of certain categories of mines pursuant to clause (a) above,
make plans for progressively covering all mines.
3. A Member which ratifies the Convention and avails itself of the possibility afforded in
paragraph 2(a) above shall indicate, in its reports on the application of the Convention submitted
under article 22 of the Constitution of the International Labour Organization, any particular
category of mines thus excluded and the reasons for the exclusion.
Article 3
In the light of national conditions and practice and after consultations with the most
representative organizations of employers and workers concerned, the Member shall formulate,
carry out and periodically review a coherent policy on safety and health in mines, particularly with
regard to the measures to give effect to the provisions of the Convention.
Article 4
1. The measures for ensuring application of the Convention shall be prescribed by national
laws and regulations.
2. Where appropriate, these national laws and regulations shall be supplemented by:
(a) technical standards, guidelines or codes of practice; or
(b) other means of application consistent with national practice,
as identified by the competent authority.
Article 5
1. National laws and regulations pursuant to Article 4, paragraph 1, shall designate the
competent authority that is to monitor and regulate the various aspects of safety and health in mines.
2. Such national laws and regulations shall provide for:
(a) the supervision of safety and health in mines;
(b) the inspection of mines by inspectors designated for the purpose by the competent authority;
(c) the procedures for reporting and investigating fatal and serious accidents, dangerous
occurrences and mine disasters, each as defined by national laws or regulations;
(d) the compilation and publication of statistics on accidents, occupational diseases and
dangerous occurrences, each as defined by national laws or regulations;
Texts of the examined instruments
ILC.106/III/1B 221
(e) the power of the competent authority to suspend or restrict mining activities on safety and
health grounds until the condition giving rise to the suspension or restriction has been
corrected; and
(f) the establishment of effective procedures to ensure the implementation of the rights of
workers and their representatives to be consulted on matters and to participate in measures
relating to safety and health at the workplace.
3. Such national laws and regulations shall provide that the manufacture, storage, transport
and use of explosives and initiating devices at the mine shall be carried out by or under the direct
supervision of competent and authorized persons.
4. Such national laws and regulations shall specify:
(a) requirements relating to mine rescue, first aid and appropriate medical facilities;
(b) an obligation to provide and maintain adequate self-rescue respiratory devices for workers
in underground coalmines and, where necessary, in other underground mines;
(c) protective measures to secure abandoned mine workings so as to eliminate or minimize risks
to safety and health;
(d) requirements for the safe storage, transportation and disposal of hazardous substances used
in the mining process and waste produced at the mine; and
(e) where appropriate, an obligation to supply sufficient sanitary conveniences and facilities to
wash, change and eat, and to maintain them in hygienic condition.
5. Such national laws and regulations shall provide that the employer in charge of the mine
shall ensure that appropriate plans of workings are prepared before the start of operation and, in
the event of any significant modification, that such plans are brought up to date periodically and
kept available at the mine site.
PART III. PREVENTIVE AND PROTECTIVE MEASURES AT THE MINE
A. RESPONSIBILITIES OF EMPLOYERS
Article 6
In taking preventive and protective measures under this Part of the Convention, the employer
shall assess the risk and deal with it in the following order of priority:
(a) eliminate the risk;
(b) control the risk at source;
(c) minimize the risk by means that include the design of safe work systems; and
(d) in so far as the risk remains, provide for the use of personal protective equipment,
having regard to what is reasonable, practicable and feasible, and to good practice and the exercise
of due diligence.
Article 7
Employers shall take all necessary measures to eliminate or minimize the risks to safety and
health in mines under their control, and in particular:
(a) ensure that the mine is designed, constructed and provided with electrical, mechanical and
other equipment, including a communication system, to provide conditions for safe operation
and a healthy working environment;
(b) ensure that the mine is commissioned, operated, maintained and decommissioned in such a way that workers can perform the work assigned to them without endangering their safety
and health or that of other persons;
Working together to promote a safe and healthy working environment
222 ILC.106/III/1B
(c) take steps to maintain the stability of the ground in areas to which persons have access in the
context of their work;
(d) whenever practicable, provide, from every underground workplace, two exits, each of which
is connected to separate means of egress to the surface;
(e) ensure the monitoring, assessment and regular inspection of the working environment to
identify the various hazards to which the workers may be exposed and to assess their level
of exposure;
(f) ensure adequate ventilation for all underground workings to which access is permitted;
(g) in respect of zones susceptible to particular hazards, draw up and implement an operating
plan and procedures to ensure a safe system of work and the protection of workers;
(h) take measures and precautions appropriate to the nature of a mine operation to prevent, detect
and combat the start and spread of fires and explosions; and
(i) ensure that when there is serious danger to the safety and health of workers, operations are
stopped and workers are evacuated to a safe location.
Article 8
The employer shall prepare an emergency response plan, specific to each mine, for
reasonably foreseeable industrial and natural disasters.
Article 9
Where workers are exposed to physical, chemical or biological hazards, the employer shall:
(a) inform the workers, in a comprehensible manner, of the hazards associated with their work,
the health risks involved and relevant preventive and protective measures;
(b) take appropriate measures to eliminate or minimize the risks resulting from exposure to those
hazards;
(c) where adequate protection against risk of accident or injury to health, including exposure to
adverse conditions, cannot be ensured by other means, provide and maintain at no cost to the
worker suitable protective equipment, clothing as necessary and other facilities defined by
national laws or regulations; and
(d) provide workers who have suffered from an injury or illness at the workplace with first aid,
appropriate transportation from the workplace and access to appropriate medical facilities.
Article 10
The employer shall ensure that:
(a) adequate training and retraining programmes and comprehensible instructions are provided
for workers, at no cost to them, on safety and health matters as well as on the work assigned;
(b) in accordance with national laws and regulations, adequate supervision and control are
provided on each shift to secure the safe operation of the mine;
(c) a system is established so that the names of all persons who are underground can be
accurately known at any time, as well as their probable location;
(d) all accidents and dangerous occurrences, as defined by national laws or regulations, are
investigated and appropriate remedial action is taken; and
(e) a report, as specified by national laws and regulations, is made to the competent authority on
accidents and dangerous occurrences.
Texts of the examined instruments
ILC.106/III/1B 223
Article 11
On the basis of general principles of occupational health and in accordance with national
laws and regulations, the employer shall ensure the provision of regular health surveillance of
workers exposed to occupational health hazards specific to mining.
Article 12
Whenever two or more employers undertake activities at the same mine, the employer in
charge of the mine shall coordinate the implementation of all measures concerning the safety and
health of workers and shall be held primarily responsible for the safety of the operations. This shall
not relieve individual employers from responsibility for the implementation of all measures
concerning the safety and health of their workers.
B. RIGHTS AND DUTIES OF WORKERS AND THEIR REPRESENTATIVES
Article 13
1. Under the national laws and regulations referred to in Article 4, workers shall have the
following rights:
(a) to report accidents, dangerous occurrences and hazards to the employer and to the competent
authority;
(b) to request and obtain, where there is cause for concern on safety and health grounds,
inspections and investigations to be conducted by the employer and the competent authority;
(c) to know and be informed of workplace hazards that may affect their safety or health;
(d) to obtain information, relevant to their safety or health, held by the employer or the
competent authority;
(e) to remove themselves from any location at the mine when circumstances arise which appear,
with reasonable justification, to pose a serious danger to their safety or health; and
(f) to collectively select safety and health representatives.
2. The safety and health representatives referred to in paragraph 1(f) above shall, in
accordance with national laws and regulations, have the following rights:
(a) to represent workers on all aspects of workplace safety and health, including where
applicable, the exercise of the rights provided in paragraph 1 above;
(b) to:
(i) participate in inspections and investigations conducted by the employer and by the
competent authority at the workplace; and
(ii) monitor and investigate safety and health matters;
(c) to have recourse to advisers and independent experts;
(d) to consult with the employer in a timely fashion on safety and health matters, including
policies and procedures;
(e) to consult with the competent authority; and
(f) to receive, relevant to the area for which they have been selected, notice of accidents and
dangerous occurrences.
3. Procedures for the exercise of the rights referred to in paragraphs 1 and 2 above shall be
specified:
(a) by national laws and regulations; and
(b) through consultations between employers and workers and their representatives.
Working together to promote a safe and healthy working environment
224 ILC.106/III/1B
4. National laws and regulations shall ensure that the rights referred to in paragraphs 1 and
2 above can be exercised without discrimination or retaliation.
Article 14
Under national laws and regulations, workers shall have the duty, in accordance with their
training:
(a) to comply with prescribed safety and health measures;
(b) to take reasonable care for their own safety and health and that of other persons who may be
affected by their acts or omissions at work, including the proper care and use of protective
clothing, facilities and equipment placed at their disposal for this purpose;
(c) to report forthwith to their immediate supervisor any situation which they believe could
present a risk to their safety or health or that of other persons, and which they cannot properly
deal with themselves; and
(d) to cooperate with the employer to permit compliance with the duties and responsibilities
placed on the employer pursuant to the Convention.
C. COOPERATION
Article 15
Measures shall be taken, in accordance with national laws and regulations, to encourage
cooperation between employers and workers and their representatives to promote safety and health
in mines.
PART IV. IMPLEMENTATION
Article 16
The Member shall:
(a) take all necessary measures, including the provision of appropriate penalties and corrective
measures, to ensure the effective enforcement of the provisions of the Convention; and
(b) provide appropriate inspection services to supervise the application of the measures to be
taken in pursuance of the Convention and provide these services with the resources necessary
for the accomplishment of their tasks.
PART V. FINAL PROVISIONS
Article 17
The formal ratifications of this Convention shall be communicated to the Director-General
of the International Labour Office for registration.
Article 18
1. This Convention shall be binding only upon those Members of the International Labour
Organization whose ratifications have been registered with the Director-General of the
International Labour Office.
2. It shall come into force 12 months after the date on which the ratifications of two
Members have been registered with the Director-General.
3. Thereafter, this Convention shall come into force for any Member 12 months after the
date on which its ratification has been registered.
Texts of the examined instruments
ILC.106/III/1B 225
Article 19
1. A Member which has ratified this Convention may denounce it after the expiration of
ten years from the date on which the Convention first comes into force, by an act communicated
to the Director-General of the International Labour Office for registration. Such denunciation shall
not take effect until one year after the date on which it is registered.
2. Each Member which has ratified this Convention and which does not, within the year
following the expiration of the period of ten years mentioned in the preceding paragraph, exercise
the right of denunciation provided for in this Article, will be bound for another period of ten years
and, thereafter, may denounce this Convention at the expiration of each period of ten years under
the terms provided for in this Article.
Article 20
1. The Director-General of the International Labour Office shall notify all Members of the
International Labour Organization of the registration of all ratifications and denunciations
communicated by the Members of the Organization.
2. When notifying the Members of the Organization of the registration of the second
ratification, the Director-General shall draw the attention of the Members of the Organization to
the date upon which the Convention shall come into force.
Article 21
The Director-General of the International Labour Office shall communicate to the Secretary-
General of the United Nations, for registration in accordance with Article 102 of the Charter of the
United Nations, full particulars of all ratifications and acts of denunciation registered by the
Director-General in accordance with the provisions of the preceding Articles.
Article 22
At such times as it may consider necessary, the Governing Body of the International Labour
Office shall present to the General Conference a report on the working of this Convention and shall
examine the desirability of placing on the agenda of the Conference the question of its revision in
whole or in part.
Article 23
1. Should the Conference adopt a new Convention revising this Convention in whole or in
part, then, unless the new Convention otherwise provides –
(a) the ratification by a Member of the new revising Convention shall ipso jure involve the
immediate denunciation of this Convention, notwithstanding the provisions of Article 19
above, if and when the new revising Convention shall have come into force;
(b) as from the date when the new revising Convention comes into force, this Convention shall
cease to be open to ratification by the Members.
2. This Convention shall in any case remain in force in its actual form and content for those
Members which have ratified it but have not ratified the revising Convention.
Article 24
The English and French versions of the text of this Convention are equally authoritative.
Working together to promote a safe and healthy working environment
226 ILC.106/III/1B
Recommendation No. 183
Recommendation concerning Safety and Health in Mines
The General Conference of the International Labour Organization,
Having been convened at Geneva by the Governing Body of the International Labour Office, and
having met in its Eighty-second Session on 6 June 1995, and
Noting the relevant international labour Conventions and Recommendations and, in particular, the
Abolition of Forced Labour Convention, 1957; the Radiation Protection Convention and
Recommendation, 1960; the Guarding of Machinery Convention and Recommendation,
1963; the Employment Injury Benefits Convention and Recommendation, 1964; the
Minimum Age (Underground Work) Convention and Recommendation, 1965; the Medical
Examination of Young Persons (Underground Work) Convention, 1965; the Working
Environment (Air Pollution, Noise and Vibration) Convention and Recommendation, 1977;
the Occupational Safety and Health Convention and Recommendation, 1981; the
Occupational Health Services Convention and Recommendation, 1985; the Asbestos
Convention and Recommendation, 1986; the Safety and Health in Construction Convention
and Recommendation, 1988; the Chemicals Convention and Recommendation, 1990; and
the Prevention of Major Industrial Accidents Convention and Recommendation, 1993, and
Considering that workers have a need for, and a right to, information, training and genuine
consultation on and participation in the preparation and implementation of safety and health
measures concerning the hazards and risks they face in the mining industry, and
Recognizing that it is desirable to prevent any fatalities, injuries or ill health affecting workers or
members of the public or damage to the environment arising from mining operations, and
Having regard to the need for cooperation between the International Labour Organization, the
World Health Organization, the International Atomic Energy Agency and other relevant
institutions and noting the relevant instruments, codes of practice, codes and guidelines
issued by these organizations, and
Having decided upon the adoption of certain proposals with regard to safety and health in mines,
which is the fourth item on the agenda of the session, and
Having determined that these proposals shall take the form of a Recommendation supplementing
the Safety and Health in Mines Convention;
adopts this twenty-second day of June of the year one thousand nine hundred and ninety-five the
following Recommendation, which may be cited as the Safety and Health in Mines
Recommendation, 1995:
I. GENERAL PROVISIONS
1. The provisions of this Recommendation supplement those of the Safety and Health in
Mines Convention, 1995 (hereafter referred to as “the Convention”), and should be applied in
conjunction with them.
2. This Recommendation applies to all mines.
3. (1) In the light of national conditions and practice and after consultation with the most
representative organizations of employers and workers concerned, a Member should formulate,
carry out and periodically review a coherent policy on safety and health in mines.
(2) The consultations provided for by Article 3 of the Convention should include
consultations with the most representative organizations of employers and workers on the effect of
the length of working hours, night work and shift work on workers’ safety and health. After such
consultations, the Member should take the necessary measures in relation to working time and, in particular, to maximum daily working hours and minimum daily rest periods.
Texts of the examined instruments
ILC.106/III/1B 227
4. The competent authority should have properly qualified and trained staff with the
appropriate skills, and sufficient technical and professional support, to inspect, investigate, assess
and advise on the matters dealt with in the Convention and to ensure compliance with national laws
and regulations.
5. Measures should be taken to encourage and promote:
(a) research into and exchange of information on safety and health in mines at the national and
international level;
(b) specific assistance by the competent authority to small mines with a view to:
(i) assisting in transfer of technical know-how;
(ii) establishing preventive safety and health programmes; and
(iii) encouraging cooperation and consultation between employers and workers and their
representatives; and
(c) programmes or systems for the rehabilitation and reintegration of workers who have
sustained occupational injuries or illnesses.
6. Requirements relating to the supervision of safety and health in mines pursuant to
Article 5, paragraph 2, of the Convention should, where appropriate, include those concerning:
(a) certification and training;
(b) inspection of the mine, mining equipment and installations;
(c) supervision of the handling, transportation, storage and use of explosives and of hazardous
substances used or produced in the mining process;
(d) performance of work on electrical equipment and installations; and
(e) supervision of workers.
7. Requirements pursuant to Article 5, paragraph 4, of the Convention, could provide that
the suppliers of equipment, appliances, hazardous products and substances to the mine should
ensure their compliance with national standards on safety and health, label products clearly and
provide comprehensible information and instructions.
8. Requirements relating to mine rescue and first aid pursuant to Article 5, paragraph 4(a),
of the Convention and to appropriate medical facilities for emergency care could cover:
(a) organizational arrangements;
(b) equipment to be provided;
(c) standards for training;
(d) training of workers and participation in drills;
(e) the appropriate number of trained persons to be available;
(f) an appropriate communication system;
(g) an effective system to give warning of danger;
(h) provision and maintenance of means of escape and rescue;
(i) establishment of a mine rescue team or teams;
(j) periodic medical assessment of suitability of, and regular training for, the persons on the
mine rescue team or teams;
(k) medical attention and transportation to receive medical attention, both at no cost to workers
who have suffered an injury or illness at the workplace;
(l) coordination with local authorities;
Working together to promote a safe and healthy working environment
228 ILC.106/III/1B
(m) measures to promote international cooperation in this field.
9. Requirements pursuant to Article 5, paragraph 4(b), of the Convention, could cover the
specifications and standards of the type of self-rescuers to be provided and, in particular, in the
case of mines susceptible to gas outbursts and other mines where appropriate, the provision of self-
contained respiratory devices.
10. National laws and regulations should prescribe measures for the safe use and
maintenance of remote control equipment.
11. National laws and regulations should specify that the employer should take appropriate
measures for the protection of workers working alone or in isolation.
II. PREVENTIVE AND PROTECTIVE MEASURES AT THE MINE
12. Employers should undertake hazard assessment and risk analysis and then develop and
implement, where appropriate, systems to manage the risk.
13. In order to maintain the stability of the ground, in accordance with Article 7(c) of the
Convention, the employer should take all appropriate measures to:
(a) monitor and control the movement of strata;
(b) as may be necessary, provide effective support of the roof, sides and floor of the mine
workings, except for those areas where the mining methods selected allow for the controlled
collapse of the ground;
(c) monitor and control the sides of surface mines to prevent material from falling or sliding into
the pit and endangering workers; and
(d) ensure that dams, lagoons, tailings and other such impoundments are adequately designed,
constructed and controlled to prevent dangers from sliding material or collapse.
14. Pursuant to Article 7(d) of the Convention, separate means of egress should be as
independent of each other as possible; arrangements should be made and equipment provided for
the safe evacuation of workers in case of danger.
15. Pursuant to Article 7(f) of the Convention, all underground mine workings to which
workers have access, and other areas as necessary, should be ventilated in an appropriate manner
to maintain an atmosphere:
(a) in which the risk of explosions is eliminated or minimized;
(b) in which working conditions are adequate, having regard to the working method being used
and the physical demands placed on the workers; and
(c) that complies with national standards on dusts, gases, radiation and climatic conditions;
where national standards do not exist, the employer should give consideration to
international standards.
16. The particular hazards referred to in Article 7(g) of the Convention requiring an
operating plan and procedures might include:
(a) mine fires and explosions;
(b) gas outbursts;
(c) rockbursts;
(d) an inrush of water or semi-solids;
(e) rockfalls;
(f) susceptibility of areas to seismic movements;
(g) hazards related to work carried out near dangerous openings or under particularly difficult
geological circumstances;
Texts of the examined instruments
ILC.106/III/1B 229
(h) loss of ventilation.
17. Measures that employers could take pursuant to Article 7(h) of the Convention should
include, where applicable, prohibiting persons from carrying underground any item, object or
substance which could initiate a fire, explosion or dangerous occurrence.
18. Pursuant to Article 7(i) of the Convention, mine facilities should include, where
appropriate, sufficient fireproof and self-contained chambers to provide refuge for workers in the
event of an emergency. The self-contained chambers should be easily identifiable and accessible,
particularly when visibility is poor.
19. The emergency response plan referred to in Article 8 of the Convention might include:
(a) effective site emergency plans;
(b) provision for the cessation of work and evacuation of the workers in an emergency;
(c) adequate training in emergency procedures and in the use of equipment;
(d) adequate protection of the public and the environment;
(e) provision of information to, and consultation with, appropriate bodies and organizations.
20. The hazards referred to in Article 9 of the Convention might include:
(a) airborne dusts;
(b) flammable, toxic, noxious and other mine gases;
(c) fumes and hazardous substances;
(d) exhaust fumes from diesel engines;
(e) oxygen deficiency;
(f) radiation from rock strata, equipment or other sources;
(g) noise and vibration;
(h) extreme temperatures;
(i) high levels of humidity;
(j) insufficient lighting or ventilation;
(k) hazards related to work carried out at high altitudes or extreme depths, or in confined spaces;
(l) hazards associated with manual handling;
(m) hazards related to mechanical equipment and electrical installations;
(n) hazards resulting from a combination of any of the above.
21. The measures referred to in Article 9 of the Convention might include:
(a) technical and organizational measures applied to relevant mining activities, or to the plant,
machinery, equipment, appliances or structures;
(b) where it is not possible to have recourse to the measures referred to in (a) above, other
effective measures, including the use of personal protective equipment and protective
clothing at no cost to the worker;
(c) where reproductive health hazards and risks have been identified, training and special
technical and organizational measures, including the right to alternative work, where
appropriate, without any loss of salary, especially during health risk periods such as
pregnancy and breast-feeding;
(d) regular monitoring and inspection of areas where hazards are present or likely to be present.
Working together to promote a safe and healthy working environment
230 ILC.106/III/1B
22. The types of protective equipment and facilities referred to in Article 9(c) of the
Convention could include:
(a) roll-over and falling object protective structures;
(b) equipment seat belts and harnesses;
(c) fully enclosed pressurized cabins;
(d) self-contained rescue chambers;
(e) emergency showers and eyewash stations.
23. In implementing Article 10(b) of the Convention, employers should:
(a) ensure appropriate inspections of each workplace at the mine, and in particular, of the
atmosphere, ground conditions, machinery, equipment and appliances therein, including
where necessary pre-shift inspections; and
(b) keep written records of inspections, defects and corrective measures and make such records
available at the mine.
24. Where appropriate, the health surveillance referred to in Article 11 of the Convention
should, at no cost to the worker and without any discrimination or retaliation whatsoever:
(a) provide the opportunity to undergo medical examination related to the requirements of the
tasks to be performed, prior to or just after commencing employment and thereafter on a
continuing basis; and
(b) provide, where possible, for reintegration or rehabilitation of workers unable to undertake
their normal duties due to occupational injury or illness.
25. Pursuant to Article 5, paragraph 4(e), of the Convention, employers should, where
appropriate, provide and maintain at no cost to the worker:
(a) sufficient and suitable toilets, showers, wash-basins and changing facilities which are, where
appropriate, gender-specific;
(b) adequate facilities for the storage, laundering and drying of clothes;
(c) adequate supplies of potable drinking-water in suitable places; and
(d) adequate and hygienic facilities for taking meals.
III. RIGHTS AND DUTIES OF WORKERS AND THEIR REPRESENTATIVES
26. Pursuant to Article 13 of the Convention, workers and their safety and health
representatives should receive or have access to, where appropriate, information which should
include:
(a) where practicable, notice of any safety- or health-related visit to the mine by the competent
authority;
(b) reports of inspections conducted by the competent authority or the employer, including
inspections of machinery or equipment;
(c) copies of orders or instructions issued by the competent authority in respect of safety and
health matters;
(d) reports of accidents, injuries, instances of ill health and other occurrences affecting safety
and health prepared by the competent authority or the employer;
(e) information and notices on all hazards at work including hazardous, toxic or harmful
materials, agents or substances used at the mine;
(f) any other documentation concerning safety and health that the employer is required to maintain;
Texts of the examined instruments
ILC.106/III/1B 231
(g) immediate notification of accidents and dangerous occurrences; and
(h) any health studies conducted in respect of hazards present in the workplace.
27. Provisions to be made pursuant to Article 13, paragraph 1(e), of the Convention could
include requirements for:
(a) notification of supervisors and safety and health representatives of the danger referred to in
that provision;
(b) participation by senior representatives of the employer and representatives of the workers in
endeavouring to resolve the issue;
(c) participation, where necessary, by a representative of the competent authority to assist in
resolution of the issue;
(d) non-loss of pay for the worker and, where appropriate, assignment to suitable alternative
work;
(e) notification, to be given to any worker who is requested to perform work in the area
concerned, of the fact that another worker has refused to work there and of the reasons
therefor.
28. Pursuant to Article 13, paragraph 2, of the Convention, the rights of safety and health
representatives should include, where appropriate, the right:
(a) to appropriate training during working time, without loss of pay, on their rights and functions
as safety and health representatives and on safety and health matters;
(b) of access to appropriate facilities necessary to perform their functions;
(c) to receive their normal pay for all time spent exercising their rights and performing their
functions as safety and health representatives; and
(d) to assist and advise workers who have removed themselves from a workplace because they
believe their safety or health has been endangered.
29. Safety and health representatives should, where appropriate, give reasonable notice to
the employer of their intention to monitor or investigate safety and health matters, as provided for
in Article 13, paragraph 2(b)(ii), of the Convention.
30. (1) All persons should have a duty to:
(a) refrain from arbitrarily disconnecting, changing or removing safety devices fitted to
machinery, equipment, appliances, tools, plant and buildings; and
(b) use such safety devices correctly.
(2) Employers should have a duty to provide workers with appropriate training and
instructions so as to enable them to comply with the duties described in subparagraph (1) above.
IV. COOPERATION
31. Measures to encourage cooperation as provided for in Article 15 of the Convention
should include:
(a) the establishment of cooperative mechanisms such as safety and health committees, with
equal representation of employers and workers, and having such powers and functions as
may be prescribed, including powers to conduct joint inspections;
(b) the appointment by the employer of suitably qualified and experienced persons to promote
safety and health;
(c) the training of workers and their safety and health representatives;
(d) the provision of ongoing safety and health awareness programmes for workers;
(e) the ongoing exchange of information and experience on safety and health in mines;
Working together to promote a safe and healthy working environment
232 ILC.106/III/1B
(f) the consultation of workers and their representatives by the employer in establishing safety
and health policy and procedures; and
(g) the inclusion, by the employer, of workers’ representatives in the investigation of accidents
and dangerous occurrences, as provided in Article 10(d) of the Convention.
V. OTHER PROVISIONS
32. There should be no discrimination or retaliation against any worker who exercises
rights provided by national laws and regulations or agreed upon by the employers, workers and
their representatives.
33. Due regard should be given to the possible impact of mining activity on the surrounding
environment and on the safety of the public. In particular, this should include the control of
subsidence, vibration, fly-rock, harmful contaminants in the water, air or soil, the safe and effective
management of waste tips and the rehabilitation of mine sites.
Texts of the examined instruments
ILC.106/III/1B 233
Convention No. 184
Convention concerning Safety and Health in Agriculture
The General Conference of the International Labour Organization,
Having been convened at Geneva by the Governing Body of the International Labour Office, and
having met in its 89th Session on 5 June 2001, and
Noting the principles embodied in the relevant international labour Conventions and
Recommendations, in particular the Plantations Convention and Recommendation, 1958, the
Employment Injury Benefits Convention and Recommendation, 1964, the Labour Inspection
(Agriculture) Convention and Recommendation, 1969, the Occupational Safety and Health
Convention and Recommendation, 1981, the Occupational Health Services Convention and
Recommendation, 1985, and the Chemicals Convention and Recommendation, 1990, and
Stressing the need for a coherent approach to agriculture and taking into consideration the wider
framework of the principles embodied in other ILO instruments applicable to the sector, in
particular the Freedom of Association and Protection of the Right to Organise Convention,
1948, the Right to Organise and Collective Bargaining Convention, 1949, the Minimum Age
Convention, 1973, and the Worst Forms of Child Labour Convention, 1999, and
Noting the Tripartite Declaration of Principles concerning Multinational Enterprises and Social
Policy as well as the relevant codes of practice, in particular the code of practice on recording
and notification of occupational accidents and diseases, 1996, and the code of practice on
safety and health in forestry work, 1998, and
Having decided upon the adoption of certain proposals with regard to safety and health in
agriculture, which is the fourth item on the agenda of the session, and
Having determined that these proposals shall take the form of an international Convention;
adopts this twenty-first day of June of the year two thousand and one the following Convention,
which may be cited as the Safety and Health in Agriculture Convention, 2001.
I. SCOPE
Article 1
For the purpose of this Convention the term “agriculture” covers agricultural and forestry
activities carried out in agricultural undertakings including crop production, forestry activities,
animal husbandry and insect raising, the primary processing of agricultural and animal products
by or on behalf of the operator of the undertaking as well as the use and maintenance of machinery,
equipment, appliances, tools, and agricultural installations, including any process, storage,
operation or transportation in an agricultural undertaking, which are directly related to agricultural
production.
Article 2
For the purpose of this Convention the term “agriculture” does not cover:
(a) subsistence farming;
(b) industrial processes that use agricultural products as raw material and the related services;
and
(c) the industrial exploitation of forests.
Article 3
1. The competent authority of a Member which ratifies the Convention, after consulting
the representative organizations of employers and workers concerned:
Working together to promote a safe and healthy working environment
234 ILC.106/III/1B
(a) may exclude certain agricultural undertakings or limited categories of workers from the
application of this Convention or certain provisions thereof, when special problems of a
substantial nature arise; and
(b) shall, in the case of such exclusions, make plans to cover progressively all undertakings and
all categories of workers.
2. Each Member shall list, in the first report on the application of the Convention submitted
under article 22 of the Constitution of the International Labour Organization, any exclusions made
in pursuance of paragraph 1(a) of this Article giving the reasons for such exclusion. In subsequent
reports, it shall describe the measures taken with a view to extending progressively the provisions
of the Convention to the workers concerned.
II. GENERAL PROVISIONS
Article 4
1. In the light of national conditions and practice and after consulting the representative
organizations of employers and workers concerned, Members shall formulate, carry out and
periodically review a coherent national policy on safety and health in agriculture. This policy shall
have the aim of preventing accidents and injury to health arising out of, linked with, or occurring
in the course of work, by eliminating, minimizing or controlling hazards in the agricultural working
environment.
2. To this end, national laws and regulations shall:
(a) designate the competent authority responsible for the implementation of the policy and for
the enforcement of national laws and regulations on occupational safety and health in
agriculture;
(b) specify the rights and duties of employers and workers with respect to occupational safety
and health in agriculture; and
(c) establish mechanisms of inter-sectoral coordination among relevant authorities and bodies
for the agricultural sector and define their functions and responsibilities, taking into account
their complementarity and national conditions and practices.
3. The designated competent authority shall provide for corrective measures and
appropriate penalties in accordance with national laws and regulations, including, where
appropriate, the suspension or restriction of those agricultural activities which pose an imminent
risk to the safety and health of workers, until the conditions giving rise to the suspension or
restriction have been corrected.
Article 5
1. Members shall ensure that an adequate and appropriate system of inspection for
agricultural workplaces is in place and is provided with adequate means.
2. In accordance with national legislation, the competent authority may entrust certain
inspection functions at the regional or local level, on an auxiliary basis, to appropriate government
services, public institutions, or private institutions under government control, or may associate
these services or institutions with the exercise of such functions.
III. PREVENTIVE AND PROTECTIVE MEASURES
GENERAL
Article 6
1. In so far as is compatible with national laws and regulations, the employer shall have a
duty to ensure the safety and health of workers in every aspect related to the work.
Texts of the examined instruments
ILC.106/III/1B 235
2. National laws and regulations or the competent authority shall provide that whenever in
an agricultural workplace two or more employers undertake activities, or whenever one or more
employers and one or more self-employed persons undertake activities, they shall cooperate in
applying the safety and health requirements. Where appropriate, the competent authority shall
prescribe general procedures for this collaboration.
Article 7
In order to comply with the national policy referred to in Article 4 of the Convention, national
laws and regulations or the competent authority shall provide, taking into account the size of the
undertaking and the nature of its activity, that the employer shall:
(a) carry out appropriate risk assessments in relation to the safety and health of workers and, on
the basis of these results, adopt preventive and protective measures to ensure that under all
conditions of their intended use, all agricultural activities, workplaces, machinery,
equipment, chemicals, tools and processes under the control of the employer are safe and
comply with prescribed safety and health standards;
(b) ensure that adequate and appropriate training and comprehensible instructions on safety and
health and any necessary guidance or supervision are provided to workers in agriculture,
including information on the hazards and risks associated with their work and the action to
be taken for their protection, taking into account their level of education and differences in
language; and
(c) take immediate steps to stop any operation where there is an imminent and serious danger to
safety and health and to evacuate workers as appropriate.
Article 8
1. Workers in agriculture shall have the right:
(a) to be informed and consulted on safety and health matters including risks from new
technologies;
(b) to participate in the application and review of safety and health measures and, in accordance
with national law and practice, to select safety and health representatives and representatives
in safety and health committees; and
(c) to remove themselves from danger resulting from their work activity when they have
reasonable justification to believe there is an imminent and serious risk to their safety and
health and so inform their supervisor immediately. They shall not be placed at any
disadvantage as a result of these actions.
2. Workers in agriculture and their representatives shall have the duty to comply with the
prescribed safety and health measures and to cooperate with employers in order for the latter to
comply with their own duties and responsibilities.
3. The procedures for the exercise of the rights and duties referred to in paragraphs 1 and
2 shall be established by national laws and regulations, the competent authority, collective
agreements or other appropriate means.
4. Where the provisions of this Convention are implemented as provided for by paragraph
3, there shall be prior consultation with the representative organizations of employers and workers
concerned.
MACHINERY SAFETY AND ERGONOMICS
Article 9
1. National laws and regulations or the competent authority shall prescribe that machinery, equipment, including personal protective equipment, appliances and hand tools used in agriculture
Working together to promote a safe and healthy working environment
236 ILC.106/III/1B
comply with national or other recognized safety and health standards and be appropriately installed,
maintained and safeguarded.
2. The competent authority shall take measures to ensure that manufacturers, importers and
suppliers comply with the standards referred to in paragraph 1 and provide adequate and
appropriate information, including hazard warning signs, in the official language or languages of
the user country, to the users and, on request, to the competent authority.
3. Employers shall ensure that workers receive and understand the safety and health
information supplied by manufacturers, importers and suppliers.
Article 10
National laws and regulations shall prescribe that agricultural machinery and equipment
shall:
(a) only be used for work for which they are designed, unless a use outside of the initial design
purpose has been assessed as safe in accordance with national law and practice and, in
particular, shall not be used for human transportation, unless designed or adapted so as to
carry persons; and
(b) be operated by trained and competent persons, in accordance with national law and practice.
HANDLING AND TRANSPORT OF MATERIALS
Article 11
1. The competent authority, after consulting the representative organizations of employers
and workers concerned, shall establish safety and health requirements for the handling and
transport of materials, particularly on manual handling. Such requirements shall be based on risk
assessment, technical standards and medical opinion, taking account of all the relevant conditions
under which the work is performed in accordance with national law and practice.
2. Workers shall not be required or permitted to engage in the manual handling or transport
of a load which by reason of its weight or nature is likely to jeopardize their safety or health.
SOUND MANAGEMENT OF CHEMICALS
Article 12
The competent authority shall take measures, in accordance with national law and practice,
to ensure that:
(a) there is an appropriate national system or any other system approved by the competent
authority establishing specific criteria for the importation, classification, packaging and
labelling of chemicals used in agriculture and for their banning or restriction;
(b) those who produce, import, provide, sell, transfer, store or dispose of chemicals used in
agriculture comply with national or other recognized safety and health standards, and provide
adequate and appropriate information to the users in the appropriate official language or
languages of the country and, on request, to the competent authority; and
(c) there is a suitable system for the safe collection, recycling and disposal of chemical waste,
obsolete chemicals and empty containers of chemicals so as to avoid their use for other
purposes and to eliminate or minimize the risks to safety and health and to the environment.
Article 13
1. National laws and regulations or the competent authority shall ensure that there are
preventive and protective measures for the use of chemicals and handling of chemical waste at the level of the undertaking.
Texts of the examined instruments
ILC.106/III/1B 237
2. These measures shall cover, inter alia:
(a) the preparation, handling, application, storage and transportation of chemicals;
(b) agricultural activities leading to the dispersion of chemicals;
(c) the maintenance, repair and cleaning of equipment and containers for chemicals; and
(d) the disposal of empty containers and the treatment and disposal of chemical waste and
obsolete chemicals.
ANIMAL HANDLING AND PROTECTION AGAINST BIOLOGICAL RISKS
Article 14
National laws and regulations shall ensure that risks such as those of infection, allergy or
poisoning are prevented or kept to a minimum when biological agents are handled, and activities
involving animals, livestock and stabling areas, comply with national or other recognized health
and safety standards.
AGRICULTURAL INSTALLATIONS
Article 15
The construction, maintenance and repairing of agricultural installations shall be in
conformity with national laws, regulations and safety and health requirements.
IV. OTHER PROVISIONS
YOUNG WORKERS AND HAZARDOUS WORK
Article 16
1. The minimum age for assignment to work in agriculture which by its nature or the
circumstances in which it is carried out is likely to harm the safety and health of young persons
shall not be less than 18 years.
2. The types of employment or work to which paragraph 1 applies shall be determined by
national laws and regulations or by the competent authority, after consultation with the
representative organizations of employers and workers concerned.
3. Notwithstanding paragraph 1, national laws or regulations or the competent authority
may, after consultation with the representative organizations of employers and workers concerned,
authorize the performance of work referred to in that paragraph as from 16 years of age on
condition that appropriate prior training is given and the safety and health of the young workers
are fully protected.
TEMPORARY AND SEASONAL WORKERS
Article 17
Measures shall be taken to ensure that temporary and seasonal workers receive the same
safety and health protection as that accorded to comparable permanent workers in agriculture.
WOMEN WORKERS
Article 18
Measures shall be taken to ensure that the special needs of women agricultural workers are
taken into account in relation to pregnancy, breastfeeding and reproductive health.
Working together to promote a safe and healthy working environment
238 ILC.106/III/1B
WELFARE AND ACCOMMODATION FACILITIES
Article 19
National laws and regulations or the competent authority shall prescribe, after consultation
with the representative organizations of employers and workers concerned:
(a) the provision of adequate welfare facilities at no cost to the worker; and
(b) the minimum accommodation standards for workers who are required by the nature of the
work to live temporarily or permanently in the undertaking.
WORKING TIME ARRANGEMENTS
Article 20
Hours of work, night work and rest periods for workers in agriculture shall be in accordance
with national laws and regulations or collective agreements.
COVERAGE AGAINST OCCUPATIONAL INJURIES AND DISEASES
Article 21
1. In accordance with national law and practice, workers in agriculture shall be covered by
an insurance or social security scheme against fatal and non-fatal occupational injuries and
diseases, as well as against invalidity and other work-related health risks, providing coverage at
least equivalent to that enjoyed by workers in other sectors.
2. Such schemes may either be part of a national scheme or take any other appropriate form
consistent with national law and practice.
FINAL PROVISIONS
Article 22
The formal ratifications of this Convention shall be communicated to the Director-General
of the International Labour Office for registration.
Article 23
1. This Convention shall be binding only upon those Members of the International Labour
Organization whose ratifications have been registered with the Director-General of the
International Labour Office.
2. It shall come into force 12 months after the date on which the ratifications of two
Members have been registered with the Director-General.
3. Thereafter, this Convention shall come into force for any Member 12 months after the
date on which its ratification has been registered.
Article 24
1. A Member which has ratified this Convention may denounce it after the expiration of
ten years from the date on which the Convention first comes into force, by an act communicated
to the Director-General of the International Labour Office for registration. Such denunciation shall
not take effect until one year after the date on which it is registered.
2. Each Member which has ratified this Convention and which does not, within the year
following the expiration of the period of ten years mentioned in the preceding paragraph, exercise
the right of denunciation provided for in this Article, will be bound for another period of ten years
Texts of the examined instruments
ILC.106/III/1B 239
and, thereafter, may denounce this Convention at the expiration of each period of ten years under
the terms provided for in this Article.
Article 25
1. The Director-General of the International Labour Office shall notify all Members of the
International Labour Organization of the registration of all ratifications and acts of denunciation
communicated by the Members of the Organization.
2. When notifying the Members of the Organization of the registration of the second
ratification communicated to him, the Director-General shall draw the attention of the Members of
the Organization to the date upon which the Convention shall come into force.
Article 26
The Director-General of the International Labour Office shall communicate to the Secretary-
General of the United Nations, for registration in accordance with article 102 of the Charter of the
United Nations, full particulars of all ratifications and acts of denunciation registered by the
Director-General in accordance with the provisions of the preceding Articles.
Article 27
At such times as it may consider necessary, the Governing Body of the International Labour
Office shall present to the General Conference a report on the working of this Convention and shall
examine the desirability of placing on the agenda of the Conference the question of its revision in
whole or in part.
Article 28
1. Should the Conference adopt a new Convention revising this Convention in whole or in
part, then, unless the new Convention otherwise provides –
(a) the ratification by a Member of the new revising Convention shall ipso jure involve the
immediate denunciation of this Convention, notwithstanding the provisions of Article 24
above, if and when the new revising Convention shall have come into force;
(b) as from the date when the new revising Convention comes into force, this Convention shall
cease to be open to ratification by the Members.
2. This Convention shall in any case remain in force in its actual form and content for those
Members which have ratified it but have not ratified the revising Convention.
Article 29
The English and French versions of the text of this Convention are equally authoritative.
Working together to promote a safe and healthy working environment
240 ILC.106/III/1B
Recommendation No. 192
Recommendation concerning Safety and Health in Agriculture
The General Conference of the International Labour Organization,
Having been convened at Geneva by the Governing Body of the International Labour Office, and
having met in its 89th Session on 5 June 2001, and
Having decided upon the adoption of certain proposals with regard to safety and health in
agriculture, which is the fourth item on the agenda of the session, and
Having determined that these proposals shall take the form of a Recommendation supplementing
the Safety and Health in Agriculture Convention, 2001 (hereinafter referred to as “the
Convention”);
adopts this twenty-first day of June of the year two thousand and one the following
Recommendation, which may be cited as the Safety and Health in Agriculture Recommendation,
2001.
I. GENERAL PROVISIONS
1. In order to give effect to Article 5 of the Convention, the measures concerning labour
inspection in agriculture should be taken in the light of the principles embodied in the Labour
Inspection (Agriculture) Convention and Recommendation, 1969.
2. Multinational enterprises should provide adequate safety and health protection for their
workers in agriculture in all their establishments, without discrimination and regardless of the place
or country in which they are situated, in accordance with national law and practice and the
Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy.
II. OCCUPATIONAL SAFETY AND HEALTH SURVEILLANCE
3. (1) The competent authority designated to implement the national policy referred to in
Article 4 of the Convention should, after consulting the representative organizations of employers
and workers concerned:
(a) identify major problems, establish priorities for action, develop effective methods for dealing
with them and periodically evaluate the results;
(b) prescribe measures for the prevention and control of occupational hazards in agriculture:
(i) taking into consideration technological progress and knowledge in the field of safety
and health, as well as relevant standards, guidelines and codes of practice adopted by
recognized national or international organizations;
(ii) taking into account the need to protect the general environment from the impact of
agricultural activities;
(iii) specifying the steps to be taken to prevent or control the risk of work-related endemic
diseases for workers in agriculture; and
(iv) specifying that no single worker should carry out hazardous work in an isolated or
confined area, without an adequate possibility of communication and means of
assistance; and
(c) prepare guidelines for employers and workers.
(2) To give effect to Article 4 of the Convention, the competent authority should:
(a) adopt provisions for the progressive extension of appropriate occupational health services
for workers in agriculture;
(b) establish procedures for the recording and notification of occupational accidents and diseases
in agriculture, in particular for the compilation of statistics, the implementation of the
Texts of the examined instruments
ILC.106/III/1B 241
national policy and the development of preventive programmes at the level of the
undertaking; and
(c) promote safety and health in agriculture by means of educational programmes and materials
to meet the needs of agricultural employers and workers.
4. (1) To give effect to Article 7 of the Convention, the competent authority should
establish a national system for occupational safety and health surveillance which should include
both workers’ health surveillance and the surveillance of the working environment.
(2) This system should include the necessary risk assessment and, where appropriate,
preventive and control measures with respect to, inter alia:
(a) hazardous chemicals and waste;
(b) toxic, infectious or allergenic biological agents and waste;
(c) irritant or toxic vapours;
(d) hazardous dusts;
(e) carcinogenic substances or agents;
(f) noise and vibration;
(g) extreme temperatures;
(h) solar ultraviolet radiations;
(i) transmissible animal diseases;
(j) contact with wild or poisonous animals;
(k) the use of machinery and equipment, including personal protective equipment;
(l) the manual handling or transport of loads;
(m) intense or sustained physical and mental efforts, work-related stress and inadequate working
postures; and
(n) risks from new technologies.
(3) Health surveillance measures for young workers, pregnant and nursing women and
aged workers should be taken, where appropriate.
III. PREVENTIVE AND PROTECTIVE MEASURES
Risk assessment and management
5. To give effect to Article 7 of the Convention, a set of measures on safety and health at
the level of the undertaking should include:
(a) occupational safety and health services;
(b) risk assessment and management measures in the following order of priority:
(i) elimination of the risk;
(ii) control of the risk at the source;
(iii) minimization of the risk by such means as the design of safe work systems, the
introduction of technical and organizational measures and safe practices, and training;
and
(iv) in so far as the risk remains, provision and use of personal protective equipment and
clothing, at no cost to the worker;
(c) measures to deal with accidents and emergencies, including first aid and access to
appropriate transportation to medical facilities;
Working together to promote a safe and healthy working environment
242 ILC.106/III/1B
(d) procedures for the recording and notification of accidents and diseases;
(e) appropriate measures to protect persons present at an agricultural site, the population in the
vicinity of it and the general environment, from risks which may arise from the agricultural
activity concerned, such as those due to agrochemical waste, livestock waste, soil and water
contamination, soil depletion and topographic changes; and
(f) measures to ensure that the technology used is adapted to climate, work organization and
working practices.
Machinery safety and ergonomics
6. To give effect to Article 9 of the Convention, measures should be taken to ensure the
appropriate selection or adaptation of technology, machinery and equipment, including personal
protective equipment, taking into account local conditions in user countries and, in particular,
ergonomic implications and the effect of climate.
Sound management of chemicals
7. (1) The measures prescribed concerning the sound management of chemicals in
agriculture should be taken in the light of the principles of the Chemicals Convention and
Recommendation, 1990, and other relevant international technical standards.
(2) In particular, preventive and protective measures to be taken at the level of the
undertaking should include:
(a) adequate personal protective equipment and clothing, and washing facilities for those using
chemicals and for the maintenance and cleaning of personal protective and application
equipment, at no cost to the worker;
(b) spraying and post-spraying precautions in areas treated with chemicals, including measures
to prevent pollution of food, drinking, washing and irrigation water sources;
(c) handling and disposal of hazardous chemicals which are no longer required, and containers
which have been emptied but which may contain residues of hazardous chemicals, in a
manner which eliminates or minimizes the risk to safety and health and to the environment,
in accordance with national law and practice;
(d) keeping a register of the application of pesticides used in agriculture; and
(e) training of agricultural workers on a continuing basis to include, as appropriate, training in
the practices and procedures or about hazards and on the precautions to be followed in
connection with the use of chemicals at work.
Animal handling and protection against biological risks
8. For the purpose of implementing Article 14 of the Convention, the measures for the
handling of biological agents giving rise to risks of infection, allergy or poisoning, and for the
handling of animals should comprise the following:
(a) risk assessment measures in accordance with Paragraph 5, in order to eliminate, prevent or
reduce biological risks;
(b) control and testing of animals, in accordance with veterinary standards and national law and
practice, for diseases transmissible to humans;
(c) protective measures for the handling of animals and, where appropriate, provision of
protective equipment and clothing;
(d) protective measures for the handling of biological agents and, if necessary, provision of
appropriate protective equipment and clothing;
(e) immunization of workers handling animals, as appropriate;
Texts of the examined instruments
ILC.106/III/1B 243
(f) provision of disinfectants and washing facilities, and the maintenance and cleaning of
personal protective equipment and clothing;
(g) provision of first aid, antidotes or other emergency procedures in case of contact with
poisonous animals, insects or plants;
(h) safety measures for the handling, collection, storage and disposal of manure and waste;
(i) safety measures for the handling and disposal of carcasses of infected animals, including the
cleaning and disinfection of contaminated premises; and
(j) safety information including warning signs and training for those workers handling animals.
Agricultural installations
9. To give effect to Article 15 of the Convention, the safety and health requirements
concerning agricultural installations should specify technical standards for buildings, structures,
guardrails, fences and confined spaces.
Welfare and accommodation facilities
10. To give effect to Article 19 of the Convention, employers should provide, as
appropriate and in accordance with national law and practice, to workers in agriculture:
(a) an adequate supply of safe drinking water;
(b) facilities for the storage and washing of protective clothing;
(c) facilities for eating meals, and for nursing children in the workplace where practicable;
(d) separate sanitary and washing facilities, or separate use thereof, for men and women workers;
and
(e) work-related transportation.
IV. OTHER PROVISIONS
Women workers
11. In order to give effect to Article 18 of the Convention, measures should be taken to
ensure assessment of any workplace risks related to the safety and health of pregnant or nursing
women, and women’s reproductive health.
Self-employed farmers
12. (1) Taking into consideration the views of representative organizations of self-
employed farmers, Members should make plans to extend progressively to self-employed farmers
the protection afforded by the Convention, as appropriate.
(2) To this end, national laws and regulations should specify the rights and duties of self-
employed farmers with respect to safety and health in agriculture.
(3) In the light of national conditions and practice, the views of representative
organizations of self-employed farmers should be taken into consideration, as appropriate, in the
formulation, implementation and periodic review of the national policy referred to in Article 4 of
the Convention.
13. (1) In accordance with national law and practice, measures should be taken by the
competent authority to ensure that self-employed farmers enjoy safety and health protection
afforded by the Convention.
(2) These measures should include:
(a) provisions for the progressive extension of appropriate occupational health services for self-
employed farmers;
Working together to promote a safe and healthy working environment
244 ILC.106/III/1B
(b) progressive development of procedures for including self-employed farmers in the recording
and notification of occupational accidents and diseases; and
(c) development of guidelines, educational programmes and materials and appropriate advice
and training for self-employed farmers covering, inter alia:
(i) their safety and health and the safety and health of those working with them concerning
work-related hazards, including the risk of musculoskeletal disorders, the selection and
use of chemicals and of biological agents, the design of safe work systems and the
selection, use and maintenance of personal protective equipment, machinery, tools and
appliances; and
(ii) the prevention of children from engaging in hazardous activities.
14. Where economic, social and administrative conditions do not permit the inclusion of
self-employed farmers and their families in a national or voluntary insurance scheme, measures
should be taken by Members for their progressive coverage to the level provided for in Article 21
of the Convention. This could be achieved by means of:
(a) developing special insurance schemes or funds; or
(b) adapting existing social security schemes.
15. In giving effect to the above measures concerning self-employed farmers, account
should be taken of the special situation of:
(a) small tenants and sharecroppers;
(b) small owner-operators;
(c) persons participating in agricultural collective enterprises, such as members of farmers’
cooperatives;
(d) members of the family as defined in accordance with national law and practice;
(e) subsistence farmers; and
(f) other self-employed workers in agriculture, according to national law and practice.
ILC.106/III/1B 245
Appendix II
Report form sent to member States and social partners
Report form
ILC.106/III/1B 247
Appl. 19
C.187, R. 197, C.167, R.175, C.176, R.183, C.184, R.192
INTERNATIONAL LABOUR OFFICE
REPORTS ON
UNRATIFIED CONVENTIONS AND RECOMMENDATIONS
(article 19 of the Constitution of the
International Labour Organisation)
_________
REPORT FORM FOR THE FOLLOWING INSTRUMENTS:
PROMOTIONAL FRAMEWORK FOR OCCUPATIONAL SAFETY
AND HEALTH CONVENTION, 2006 (NO. 187)
PROMOTIONAL FRAMEWORK FOR OCCUPATIONAL SAFETY
AND HEALTH RECOMMENDATION, 2006 (NO. 197)
SAFETY AND HEALTH IN CONSTRUCTION CONVENTION, 1988 (NO. 167)
SAFETY AND HEALTH IN CONSTRUCTION RECOMMENDATION, 1988 (NO. 175)
SAFETY AND HEALTH IN MINES CONVENTION, 1995 (NO. 176)
SAFETY AND HEALTH IN MINES RECOMMENDATION, 1995 (NO. 183)
SAFETY AND HEALTH IN AGRICULTURE CONVENTION, 2001 (NO. 184)
SAFETY AND HEALTH IN AGRICULTURE RECOMMENDATION, 2001 (NO. 192)
GENEVA
2015
Working together to promote a safe and healthy working environment
248 ILC.106/III/1B
INTERNATIONAL LABOUR OFFICE
_________
Article 19 of the Constitution of the International Labour Organisation relates to the
adoption of Conventions and Recommendations by the Conference, as well as to the obligations resulting therefrom for the Members of the Organization. The relevant provisions of paragraphs
5, 6 and 7 of this article read as follows:
5. In the case of a Convention:
...
(e) if the Member does not obtain the consent of the authority or authorities within whose
competence the matter lies, no further obligation shall rest upon the Member except that it
shall report to the Director-General of the International Labour Office, at appropriate
intervals as requested by the Governing Body, the position of its law and practice in regard
to the matters dealt with in the Convention, showing the extent to which effect has been
given, or is proposed to be given, to any of the provisions of the Convention by legislation,
administrative action, collective agreement or otherwise and stating the difficulties which
prevent or delay the ratification of such Convention.
6. In the case of a Recommendation:
...
(d) apart from bringing the Recommendation before the said competent authority or authorities,
no further obligation shall rest upon the Members, except that they shall report to the
Director-General of the International Labour Office, at appropriate intervals as requested
by the Governing Body, the position of the law and practice in their country in regard to the
matters dealt with in the Recommendation, showing the extent to which effect has been
given, or is proposed to be given, to the provisions of the Recommendation and such
modifications of these provisions as it has been found or may be found necessary to make
in adopting or applying them.
7. In the case of a federal State, the following provisions shall apply:
(a) in respect of Conventions and Recommendations which the federal Government regards as
appropriate under its constitutional system for federal action, the obligations of the federal
State shall be the same as those of Members which are not federal States;
(b) in respect of Conventions and Recommendations which the federal Government regards as
appropriate under its constitutional system, in whole or in part, for action by the constituent
states, provinces or cantons rather than for federal action, the federal Government shall:
...
(iv) in respect of each such Convention which it has not ratified, report to the
Director-General of the International Labour Office, at appropriate intervals as
requested by the Governing Body, the position of the law and practice of the
federation and its constituent states, provinces or cantons in regard to the Convention,
showing the extent to which effect has been given, or is proposed to be given, to any
of the provisions of the Convention by legislation, administrative action, collective
agreement, or otherwise;
(v) in respect of each such Recommendation, report to the Director-General of the
International Labour Office, at appropriate intervals as requested by the Governing
Body, the position of the law and practice of the federation and its constituent states,
provinces or cantons in regard to the Recommendation, showing the extent to which
effect has been given, or is proposed to be given, to the provisions of the
Recommendation and such modifications of these provisions as have been found or
may be found necessary in adopting or applying them.
Report form
ILC.106/III/1B 249
In accordance with the above provisions, the Governing Body of the International Labour
Office examined and approved the present report form. This has been drawn up in such a manner as to facilitate the supply of the required information on uniform lines.
REPORT
to be made no later than 29 February 2016, in accordance with article 19 of the Constitution of the
International Labour Organisation by the Government of ........................, on the position of
national law and practice in regard to matters dealt with in the instruments referred to in the
following questionnaire.
250
ILC
.106
/III/1B
Wo
rkin
g to
ge
the
r to p
rom
ote
a s
afe
an
d h
ea
lthy w
ork
ing
en
viro
nm
en
t
Article 19 report form concerning occupational safety and health instruments
Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), and Promotional Framework for Occupational Safety and Health Recommendation, 2006 (No. 197)
Safety and Health in Construction Convention, 1988 (No. 167), and Safety and Health in Construction Recommendation, 1988 (No. 175)
Safety and Health in Mines Convention, 1995 (No. 176), and Safety and Health in Mines Recommendation, 1995 (No. 183)
Safety and Health in Agriculture Convention, 2001 (No. 184), and Safety and Health in Agriculture Recommendation, 2001 (No. 192) 1
The following questions relate to issues covered by Conventions Nos 167, 176, 184 and 187 and Recommendations Nos 175, 183, 192 and197. As appropriate, please give a specific reference (web link) or include information relating to the provisions of the relevant legislation, regulations and policies, as well as electronic copies thereof.
PART I. LEGAL AND POLICY FRAMEWORK
1. Please indicate whether a coherent national policy has been formulated with respect to occupational safety and health in:
(a) general; (b) mining; (c) agriculture.
If so, please provide detailed information in this regard, indicating if measures have been taken to implement and periodically review such policies.
Arts 1(a) and 3 of C.187; Para. 1 of R.197; Art. 3 of C.176; Para. 3(1) of R.183; Art. 4 of C.184; Para. 3 of R.192
2. Please provide information on measures taken, if any, to establish, maintain, progressively develop and periodically occupational safety and health.
review a national system for Art. 4 of C.187; Paras 2–6 of R.197.
3(i)
(ii)
If so
In a
Please indicate any relevant provisions of existing national laws and regulations related to occupational safety and health in:
(a) general; (b) construction; (c) mining; (d) agriculture.
Please indicate if this legislation excludes from its scope of application:
(a) branches or particular undertakings with respect to construction, mining or agriculture; (b) categories of workers with respect to agriculture.
, please indicate the reasons for these exclusions.
ddition, with respect to mining and agriculture, please provide information on any plans for progressively covering all branches and categories of workers.
Art. 4(2)(a) of C.187; Art. 4 of C.167; Art. 4 of C.176; Art. 4(2) of C.184.
Art. 1(2) of C.167; Art. 2(2) of C.176; Art. 3(1) of C.184.
1 Governments of countries which have ratified one or several of the Conventions and from which a report is due under article 22 of the Constitution will use the present form only with
regard to the Conventions not ratified, if any, and the Recommendations. It will not be necessary to repeat information already provided in connection with the Conventions ratified. Part
VII of the report form contains questions that are addressed to all member States.
ILC
.106
/III/1B
25
1
Re
po
rt form
4. Please indicate if collective agreements or other measures have been adopted, including technical occupational safety and health in:
(a) general; (b) construction; (c) mining; (d) agriculture.
standards, guidelines and codes of practice, related to Art. 4(2)(a) of C.187; Art. 5(1) of C.167; Art. 4(2) of C.176; Art. 8(3) of C.184.
PART II. CONSULTATION AND COOPERATION
5.
Plearelat
Please provide information on consultations undertaken, if any, at the national level with the most representative organizations of employers and workers with respect to the possible:
– formulation, implementation and periodic review of a national policy; – establishment, and progressive development of a national system; – formulation, implementation, monitoring, evaluation and periodic review of a national programme on occupational safety and health.
se also provide information on consultations with representative organizations of employers and workers at both the national and sectoral levels on matters ed to occupational safety and health in:
(a) construction; (b) mining; (c) agriculture.
Arts 3(1) and (3), 4(1) and 5(1) of C.187.
Art. 3 of C.167; Art. 3 of C.176; Para. 3 of R.183; Art. 4(1) of C.184; Para. 3(1) of R.192.
6. Please provide information on possible cooperation, including consultations, at the level of the undertaking between management, workers and their representatives, on safety and health matters in:
(a) general; (b) construction; (c) mining; (d) agriculture.
Please also provide information on the establishment and functioning of occupational safety and health committees, if any.
Arts 3(3) and 4(2)(d) of C.187; Para. 5(e) of R.197; Art. 6 of C.167; Para. 6. of R.175; Arts 5(2)(f) and 15 of C.176; Paras 5(b)(iii) and 31 of R.183; Art. 8(2) of C.184.
Para. 5(f) of R.197; Para. 6(a) of R. 175; Para. 31(a) of R.183; Art. 8(1)(b) of C.184.
PART III. RESPONSIBILITIES, DUTIES AND RIGHTS OF EMPLOYERS AND WORKERS
7(i)
(ii)
Please describe employers’ duties and responsibilities in the field of occupational safety and health, indicating the nature and extent of this responsibility
(a) general; (b) construction; (c) mining; (d) agriculture.
Please indicate if these duties and responsibilities also apply to contractors and subcontractors with respect to construction and mining.
in: Art. 1(d) of C.187; Para. 1 of R.197; Art. 7 of C.167; Para. 4 of R.175; Arts 6–11 of C.176; Paras 11–13 of R.183; Arts 6(1) and 7 of C.184; Para. 10 of R.192.
Art. 2(e)(ii) of C.167; Para. 2(f)(ii) of R.175; Art. 1(2) of C.176.
252
ILC
.106
/III/1B
Wo
rkin
g to
ge
the
r to p
rom
ote
a s
afe
an
d h
ea
lthy w
ork
ing
en
viro
nm
en
t
8.
(i)
(ii)
With respect to situations where two or more employers undertake activities at one work site:
Please provide information on measures taken, if any, to ensure cooperation between the employers on health and safety matters in:
(a) construction; (b) mining; (c) agriculture.
Please also provide information on measures taken, if any, to ensure the allocation, among the employers, of primary responsibility for the application of safety and health measures at the work site in:
(a) construction; (b) mining.
Art. 8(1) of C.167; Para. 5 of R.175; Art. 12 of C.176; Art. 6(2) of C.184.
9. Please describe any employers’ obligations in situations of imminent and serious danger to safety and health, indicating if this includes an obligation to stop operations and evacuate workers, particularly in:
(a) construction; (b) mining; (c) agriculture.
Art. 12(2) of C.167; Art. 7(i) of C.176; Art. 7(c) of C.184.
10(i)
(ii)
Please describe, in law and practice, as far as it exists, the right and duty of workers with regard to participation in the application and review of safety and health measures, including with respect to:
– complying with prescribed health and safety measures; – selecting health and safety representatives; – the immediate reporting of situations which they believe could present a risk to safety and health.
Please provide information on any national laws, regulations or other measures relating to the right of workers to remove themselves from danger when they have reasonable justification to believe there is an imminent and serious risk to their safety and health.
Art. 1(d) of C.187; Arts 10 and 11 of C.167; Paras 6(a) and 11 of R.175; Arts 13 and 14 of C.176; Paras 26–28 and 31(a) of R.183; Art. 8 of C.184.
Art. 12(1) of C.167; Art. 13(1)(e) of C.176; Art. 8(1)(c) of C.184.
PART IV. PREVENTION AND PROTECTION MEASURES
11(i)
(ii)
(iii)
Please describe any measures taken to develop a national preventative safety and health culture, including:
– measures taken to provide adequate occupational safety and health education and training to workers; – measures that seek to ensure that workers are informed of safety and health hazards associated with their work, indicating the relevant provisions
in laws and regulations.
Please provide, in particular, information on such measures taken in:
(a) construction; (b) mining; (c) agriculture.
In addition, please provide information on occupational safety and health education and training for management, supervisors and government officials responsible for safety and health.
Arts 1(d), 3(3) and 4(3)(c) of C.187; Para. 5 of R.197; Art. 33 of C.167; Para. 44 of R.175; Arts 9(a), 10(a) and 13(1)(c) of C.176; Paras 8(d) and (j), 19, 26 and 30(2) of R.183; Arts 7(b), 8(1)(a), 9(2) and (3) and 12(b) of C.184; Paras 3(2)(c), 5(b)(iii), 7(2)(e), 8(j) of R.192.
Para. 5(b) of R.197.
ILC
.106
/III/1B
Re
po
25
3
rt fo
rm
12. Please indicate any measures taken to ensure that safety and health is taken into account in the:
– design and planning of a construction project; – design and construction of mines.
Art. 9 of C.167; Para. 7 of R.175. Art. 7(a) of C.176.
13. Please provide information on any safety and health requirements related to the design, maintenance and use of machinery and equipment, indicating the relevant provisions in laws and regulations, particularly in:
(a) construction; (b) mining; (c) agriculture.
Arts 15, 16 and 17 of C.167; Para. 8 of R.175; Para. 7 of R.183; Art. 9 of C.184.
14. Please describe any measures taken to promote the assessment of occupational risks and hazards
(a) general; (b) construction; (c) mining; (d) agriculture.
in: Art. 3(3) of C.187; Art. 4 of C.167; Art. 6 of C.176; Para. 12 of R.183; Art. 7(a) of C.184; Paras 4(2) and 5(b) of R.192.
15(i)
(ii)
Please provide information on any measures taken, in law and practice, aimed at minimizing or eliminating risks to workers.
Please also provide this information specifically concerning risks arising from exposure to physical, chemical and biological hazards
(a) construction; (b) mining; (c) agriculture.
in:
Art. 5(2)(b) of C.187; Art. 28(1) of C.167; Paras 41 and 48 of R.175; Art. 9(b) of C.176; Para. 20 of R.183; Arts 11–14 of C.184; Paras 7 and 8 of R.192.
16. Please describe any existing health and safety requirements related to the handling and disposal of hazardous substances and waste in:
(a) construction; (b) mining; (c) agriculture.
Art. 28(4) of C.167; Para. 41(3) of R.175; Art. 5(4)(d) of C.176; Paras 6(c) and 20(l) of R.183; Arts 12(c) and 13 of C.184; Paras 7(2)(c) and 8(h) and (i) of R.192.
17. Please indicate whether employers are required to provide workers with personal protective equipment and clothing, and if so, please provide information concerning the implementation in practice of this requirement. Please also indicate whether:
– such equipment and clothing shall be provided at no cost to the worker; – employers are required to provide and maintain adequate self-rescue respiratory devices for workers in underground mines.
Art. 30(1) of C.167; Para. 14 of R.175; Arts 5(4)(b), 6(d) and 9(c) of C.176; Paras 21(b) and 22 of R.183; Art. 9(1) of C.184; Para. 7(2)(a) of R.192.
18. Please describe any requirements related to accidents and emergencies including:
– first aid facilities and access to medical attention for workers who have suffered from an injury or illness; – with respect to mining, emergency response plans and measures related to mine rescue, indicating any relevant legislative provisions.
Art. 31 of C.167; Paras 49 and 50 of R.175; Arts 5(4)(a), 8 and 9(d) of C.176; Para. 8 of R.183; Para. 5(c) of R.192.
254
ILC
.106
/III/1B
Wo
rkin
g to
ge
the
r to p
rom
ote
a s
afe
an
d h
ea
lthy w
ork
ing
en
viro
nm
en
t
19. Please provide information on any measures taken to ensure the provision of an adequate supply of safe drinking water and adequate welfare facilities at workplaces, including facilities for taking meals, sanitary facilities and facilities for changing (indicating if separate facilities are provided for women and men), particularly in:
(a) construction; (b) mining; (c) agriculture.
Art. 32 of C.167; Paras 51 and 52 of R.175; Art. 5(4)(e) of C.176; Para. 25 of R.183; Art. 19(a) of C.184; Para. 10 of R.192.
20. Please describe any measures taken to provide temporary and seasonal workers in agriculture the same safety and health protection as those accorded to comparable permanent workers.
Art. 17 of C.184.
21. Please indicate any measures that take into account the special needs of women agricultural workers, in relation reproductive health.
to pregnancy, breastfeeding and Art. 18 of C.184; Paras 4(3) and 11 of R.192.
PART V. RECORDING, NOTIFICATION AND STATISTICS
22. Please provide information on any existing system for the notification and recording of occupational accidents and diseases. Art. 4(3)(f) of C.187; Art. 34 of C.167; Arts 5(2)(c) and 10(e) of C.176; Paras 3(2)(b) and 5(d) of R.192.
23. Please describe any mechanisms for the collection, analysis and exchange of data on occupational injuries and diseases. Art. 4(3)(f) of C.187; Para. 5(d) of R.197.
24. Please provide any available statistical data on occupational safety and health, including with specific reference to the construction, mining and agricultural sectors, such as information on the number and nature of contraventions reported and the resulting action taken as well as the number, nature and cause of occupational accidents and diseases reported.
C.187; C.167; C.176; C.184.
PART VI. ENFORCEMENT
25.
In thi
Please describe any measures taken to ensure compliance with national laws and regulations on occupational safety and health in:
(a) general; (b) construction; (c) mining; (d) agriculture.
s regard, please provide specific information on the:
– functioning of a labour inspection system for the effective protection of workers; – provision of penalties and application thereof; – provision and application of corrective measures (indicating, with respect to only (c) and (d) if this includes the suspension of activities on safety and
health grounds).
Art. 4(2)(c) of C.187; Art. 35 of C.167; Para. 4 of R.183; Arts 5(2)(b), 5(2)(e), 6(a) and 16 of C.176; Arts 4(3) and 5 of C.184; Para. 1 of R.192.
ILC
.106
/III/1B
25
5
Re
po
rt form
PART VII. IMPACT OF ILO INSTRUMENTS
26. Please indicate whether any modifications have been made to national legislation or practice with a view to giving effect to all or some of the provisions of the Conventions or of the Recommendations. Please state also whether it is intended to adopt measures to give further effect to the provisions of the Conventions or of the Recommendations, including ratification.
27. Please identify any obstacles these obstacles.
impeding or delaying ratification of the Conventions. Please indicate any measures taken or envisaged to overcome
28. If your country is a federal State:
(a) please indicate whether the provisions of the Conventions or of the Recommendations are regarded by the federal government as appropriate, under the constitutional system, for federal action or as appropriate, in whole or in part, for action by the constituent states, provinces or cantons, rather than for federal action;
(b) where federal action is appropriate, please provide the information specified in Parts I–VII of this form; (c) where action by the constituent unit is regarded as appropriate, please supply general information corresponding to Parts I–VII of the form. Please
indicate also any arrangements that it has been possible to make within the federal State, with a view to promoting coordinated action to give effect to all or some of the provisions of the Conventions and the Recommendations, giving a general indication of any results achieved through such action.
29. Please indicate the representative organizations of employers and workers with article 23, paragraph 2, of the Constitution of the ILO.
to which copies of the present report have been communicated in accordance
30. Please state whether you have received from the organizations of employers and workers concerned any observations concerning the effect given, or to be given, to the instruments to which the present report relates. If so, please communicate a copy of the observations received together with any comments that you may consider useful.
POSSIBLE NEEDS FOR STANDARD-RELATED ACTION AND FOR TECHNICAL COOPERATION
31. What suggestions would your country wish to make concerning possible standard-related action, including consolidation, pertaining to occupational and health to be taken by the ILO?
safety
32.
Has there been any request for policy support or technical cooperation support provided by the ILO to give effect to the instruments in question? If this is the case, what has been the effect of this support? If not, how could the ILO best provide appropriate assistance within its mandate to support country efforts in the area of occupational safety and health, including in the construction, mining and agriculture sectors?
What are your country’s needs for future policy advisory support and technical cooperation to give effect to the objectives of the instruments in question?
ILC.106/III/1B 257
Appendix III
Governments that provided reports
Albania
Algeria
Antigua and Barbuda
Argentina
Australia
Austria
Azerbaijan
Bahrain
Bangladesh
Barbados
Belarus
Belgium
Bosnia and Herzegovina
Brazil
Bulgaria
Burkina Faso
Cambodia
Cameroon
Canada
Chile
China
Colombia
Costa Rica
Croatia
Cuba
Cyprus
Czech Republic
Denmark
Dominican Republic
Ecuador
Egypt
El Salvador
Estonia
Ethiopia
Finland
France
Georgia
Germany
Greece
Guatemala
Honduras
Hungary
Iceland
India
Indonesia
Iraq
Israel
Italy
Japan
Kazakhstan
Kenya
Korea, Republic of
Latvia
Lithuania
Luxembourg
Madagascar
Mali
Malta
Mauritania
Mauritius
Mexico
Moldova, Republic of
Montenegro
Morocco
Myanmar
Namibia
Netherlands
New Zealand
Nicaragua
Norway
Oman
Pakistan
Panama
Paraguay
Peru
Philippines
Poland
Portugal
Qatar
Romania
Russian Federation
Saint Vincent and the
Grenadines
Saudi Arabia
Senegal
Seychelles
Singapore
Slovakia
Slovenia
South Africa
Spain
Sri Lanka
Sudan
Suriname
Sweden
Switzerland
Syrian Arab Republic
Tanzania, United Republic of
The former Yugoslav Republic of Macedonia
Togo
Trinidad and Tobago
Tunisia Turkey
Turkmenistan
Uganda Ukraine
United Kingdom
United States
Uruguay
Uzbekistan
Venezuela, Bolivarian Republic of
Viet Nam
Zimbabwe
ILC.106/III/1B 259
Appendix IV
Workers’ and employers’ organizations that provided observations
Working together to promote a safe and healthy working environment
260 ILC.106/III/1B
Workers’ and employers’ organizations that provided observations
ILC.106/III/1B 261
ILC.106/III/1B 263
Appendix V
Ratification status (Conventions Nos 167, 176, 184 and 187)
Working together to promote a safe and healthy working environment
264 ILC.106/III/1B
Ratification status
ILC.106/III/1B 265
Working together to promote a safe and healthy working environment
266 ILC.106/III/1B
Ratification status
ILC.106/III/1B 267
I S BN 978-92-2-130561-3
9 7 8 9 2 2 1 3 0 5 6 1 3